The Nagpur Bench of Bombay High Court while hearing a matter between Viveka Hospital Vs Nagpur Municipal Corporation and State Government made an observation that the civic body does not have the right to reserve 80% beds in private hospitals for treatment of COVID-19 patients. On August 31, the petitioner had approached the HC challenging NMC’s directions to reserve beds. 

The petitioner through Advocate Kartik Shukul had argued that neither the State Government nor the NMC have the powers to take over a percentage or entire beds of a private hospital unless exercise powers under section 65 of the Disaster Management Act. Interestingly, these orders have not been passed till date. 

Advocates Gemini Kasat for NMC and Advocates S Deopujari for State Government argued before the bench comprising Justice RK Deshpande and Justice PV Ganediwala that the authorities have the power to requisition such beds. Adv Shukul responded that while the authorities do have such powers but they haven’t officially requisitioned hospitals till date. Therefore, all steps, taken under section 65 of Disaster Management Act, including directions to reserve beds at hospitals, are illegal. 

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The court then asked NMC and State Government if such orders under sec 65 of Disaster Management Act have been passed to which the authorities stated that no such orders were passed. The court then gave a prima facie opinion that in absence of an order under section 65, NMC cannot direct private hospitals to reserve 80% beds for COVID-19 patients. 

The court said: “If the order contemplated under section 65 of the Disaster Management Act or under section 2of the Epidemic Diseases Act has not been passed till this date, then it is not understood as to how and under what authority there can be an interference in the management of COVID-19 patients in the private hospitals, either by the State Government or by the empowered officer under the said Act, in the manner stated in the two notifications dated 30.04.2020 and 21.05.2020.”

The court further stated: “Put up both these matters on 16.10.2020 at 10.30 am by physical hearing by consent of parties. We wanted the State Government to file an affidavit on that date making its stand clear on two aspects i.e (i) whether the private hospitals declared as dedicated COVID-19 hospitals are requisitioned under section 65 of the Disaster Management Act or under any other provisions of law and (ii) if such private hospitals are requisitioned under section 65 of the Disaster Management Act, 2005, whether State Government, Divisional Commissioner or the Commissioner, Municipal Corporation intend to proceed with the matter as per the prima facie view expressed by this court.”