HC refuses to stay Rs 17.86 crore fine on Dharamshila Hospital

Delhi High Court on Monday refused to grant an interim stay on the AAP government’s order imposing fine of Rs 17.86 crore on Dharamshila Cancer Hospital for allegedly not providing free treatment to poor patients as per its land allotment lease condition, saying the hospital will have to first deposit some of the amount.

Justice Sanjeev Sachdeva asked the lawyer appearing for the hospital to take instructions on whether it was willing to deposit some amount and listed the matter for hearing on July 21. “If you are seeking stay, deposit some money,” the judge said and added “If there was no stay, then you (hospital) will have to comply with the recovery order. Take instructions.” 

A special committee, appointed to look into the affairs of the hospitals as per a High Court order of 2007, had imposed a fine of over Rs 32 crore on Max Super Specialty Hospital (Saket), Rs 36.30 on Shanti Mukand Hospital, Rs 10.6 on Pushpawati Singhania Research Institute and over Rs 100 crore on Fortis Escorts Heart Institute.

The hospitals were directed by the AAP government to deposit the “unwarranted profits” got out of allegedly refusing free treatment to the poor. During the hearing, the lawyer appearing for Dharamshila hospital contended that the decision to recover the amount was taken by the special committee prior to giving it a hearing.