Declining to
interfere with a major policy decision of the AIADMK government, the Madras
High Court upheld the shifting of the Legislative Assembly-cum-Secretariat
complex back from the Omandurar Government Estate to Fort
St. George and the plan to convert the structure into a multi super-specialty
hospital and a government medical college.
Dismissing petitions
challenging the shifting of the Secretariat and the proposal to use the
building as a hospital, a specially-constituted Division Bench comprising
Justices K.N. Basha and N. Paul Vasanthakumar said the decision to convene
the sitting of the Legislative Assembly and the Secretariat was purely a matter
of internal procedure adopted by the Legislature. This court was not entitled
to interfere in the said decision, particularly when no violation of any
constitutional provision was attracted.
The decision to
establish the hospital was announced in the Assembly, which also approved it. It
was a policy decision to convert the complex into a hospital. The court said
the decision to convert the structure could not be stated to be arbitrary. The
policy would promote and protect public interest, more particularly, weaker
sections for getting better and expert treatment for serious ailments.
It is made clear that
the government should take all necessary steps for giving treatment to the poor
and deserving people free of cost. The petitions were filed by R. Veeramani and
S.A. Miyajan. Mr. Veeramani,
contended that the government’s decision was arbitrary and opposed to public
interest. The decision to convert the Assembly-cum-Secretariat complex, which
was specifically designed and constructed for that purpose, into a hospital was
due to non-application of mind and based on no material.
Accepting the
submission of Senior Counsel Rakesh Dwivedi and Advocate-General
A.Navaneethakrishnan, the Bench said on a perusal of Art.174 of the
Constitution (Sessions of State Legislature, prorogation and dissolution), it
was evident that the Governor should from time to time summon the House to meet
at such time and place as he thought fit. The provision nowhere stated that the
same would apply only for first sitting as contended by the petitioner’s
counsel. The words used were ‘from time to time’ and ‘to meet at such time and
place.’ Messrs.Justices Basha and Paul Vasanthakumar said for implementing the
decision to establish a hospital, an expert committee was constituted which
visited the Omanthurar Government Estate along with technical experts,
including architects. Based on their opinion further steps were taken for
converting the ‘A’ Block of the new structure into a hospital. The government’s
decision was perfectly valid and legal.
The government
decision could not be stated to be arbitrary or hasty without any material on
record. If a multi-super specialty hospital was established, it would promote
public interest. The authorities had obtained environmental clearance and a no
objection certificate from the Fire and Rescue Services Department for the
conversion of the new building. Applications had been made to the TNPCB and the
CMDA.
As the issue of grant
of environmental clearance for the conversion was pending before the National
Green Tribunal, the court said it could not go into that aspect. It was the
authorities’ specific stand that the present endeavour was not to make any new
construction, but only to modify the existing structure.
As per the submission
before the court, the present government had proposed to spend Rs.26.94 crore
to change the Assembly complex as a Multi-Super
Speciality Hospital
Work begins to convert into hospital:
Within hours of the
Madras High Court upholding the government’s decision to convert the
Assembly-cum-Secretariat complex on the Government Estate on Anna Salai into a
multi-super-specialty hospital, the authorities lost no time in beginning
construction. Trucks carrying sand and other construction material and
earth-movers moved into the complex late in the evening and helmeted workers
and supervisors got busy. Officials said the work had begun on both the
hospital in Block A and the proposed medical college in Block B.
Prime Minister,
Manmohan Singh, inaugurated the new complex in ‘A’ Block on March 13, 2010. In
the new building, the first session was held during April and May 2010, second
session in November that year, third in January 2011 with the Governor’s
address and the four sessions was in February 2011.
The six-storey
structure which spans an area of 9.3 lakh sq ft will now house a super
specialty hospital.
Floors
|
Treatments
|
Ground
|
Emergency & Outpatient ward,
Cardiology, Cardiothoracic surgery, neurology and neurosurgery
|
I
|
Clinical outpatient ward, surgical
oncology, hand reconstruction surgery and vascular surgery
|
II
|
Diagnostic labs (microbiology and pathology
labs), administration office
|
III
|
General Ward
|
IV
|
|
V
|
Special Ward
|
VI
|
Operation Theatre
|
Block B
|
THE MAKING OF A
HOSPITAL: A 5-YEAR SAGA
June 2008: Former Chief
Minister M Karunanidhi lays foundation stone
March 2010: Prime Minister Dr.
Manmohan Singh inaugurates the complex
February 2011: Interim budget
presented in the new Assembly
May 2011: Chief Minister
Jayalalithaa abandons secretariat complex and takes oath in Fort St. George
August 2011: Jayalalithaa announces
a multi-specialty hospital and medical college in the secretariat premises
January 30, 2013: Begins to work as
hospital
Supreme Court quashed the petition filed on this issue and said the same reason said by the Madras High Court.
