Mess in G B Panth hospital: Cantonment Board fails to act on court orders to evict pharmacies
Srinagar: While not paying any heed to the Court order regarding the eviction of the pharmacy shops functioning within the premises of the GB Panth Hospital, Sonwar, the Cantonment Board has not begun any eviction process after clear-cut directives of the Court regarding the same.
The two medical shops functioning within the premises, falling under the control of the Board, are there for last 10 and 12 years respectively, while the guidelines of the Board clearly states that the lease period shall not exceed more than 5 years.
As per the agreement, there are clear-cut directives that after the lease period (5 years) is over, the premises shall be handed-over to the Board which then again gives out the premises on lease after re-tendering and public auction.
“Since after the expiry of the license period, plaintiff ceases to have any legal right to retain the shop, consequently he had failed to make out a strong prima facie case in his favour,” the Court observes in the order issued.
Further, the Court states that “As per clause 14 of the Agreement in case the occupier refuses to hand over the peaceful possession of the property, he shall be declared as trespasser and liable to convicted under Public Premises Eviction of Un-authorized Occupants Act, 1971.”
While saying that the parties are bound by the contractual terms, the Court says that the plea of retaining the possession does not have any specific pleadings.
“It is apt to know that parties are bound by the terms of the contractual agreement. The contention of the plaintiff that he shall be treated at par with the other shopkeepers is beyond the scope of the Act and the terms of the agreement inasmuch as the parties are bound by the contractual terms. Moreover, such a plea is bald with no specific pleadings,” the order states.
The decision was given out by the 4th Additional Session Judge, Srinagar and was challenged in the High Court, it has, however, maintained the decision given out by the lower court and has directed the Cantonment Board to begin the eviction process, which has not been initiated so far.
When contacted Chief Executed Officer (CEO), Cantonment Board, Upendra Kumar regarding the order of the Court, rightly refused to comment on the issue.
He was asked if the Board has asked the occupants, who are, as per the rules and regulations, occupying the premises illegally, he said he cannot say anything.
“I cannot comment on the issue at all,” Kumar said and hug-up at this reporter.
Medical Superintendent, GB Panth Hospital DrKanwarjeet Singh was also contacted, he said that the commercial activities are taken care of by the Cantonment Board and that hospital administration has got ‘nothing’ to do with it.
“I cannot say anything regarding the issue, it is for the Board to take care of, if there is a court order regarding the expiry of the license of these pharmacy shops, the CEO is the authority to talk and take action on such a matter,” Dr Singh said.
Pertinently, the two Pharmacy shops have been constructed at a place that was otherwise left for constructing a fire station for the hospital.
However, the Cantonment Board officials have been neglecting the demand of raising a fire station at the place and help the hospital in maintaining all the security mechanisms that are needed in case of an emergency.
“The GB Panth hospital is functioning without a fire station and the authorities are sleeping over the issue,” said an insider, wishing not to be named.