HC notice to charity commissioner, trust members on hospital demolition

The Gujarat High Court Tuesday issued notices to the charity commissioner and members of the trust that runs the city-based V S Hospital over a petition challenging the decision to demolish the medical facility.

The members of the donor family of Sheth Vadilal Sarabhai Hospital challenged the decision of the trust governing the hospital to demolish it.

The Ahmedabad Municipal Corporation (AMC) also has a say in the management of the over 80-year-old hospital.

The members said the composition of the nine-member trust was tweaked to gain majority and pass a resolution to raze the healthcare facility.

Justice V M Pancholi issued notices, returnable on December 27, to the charity commissioner and trust members.

Petitioners Brijesh Chinai and Rupa Chinai also challenged the January 25, 2018 order of the charity commissioner asking the parties involved to "sort out the differences amicably".

The AMC is constructing a multi-speciality hospital near the V S Hospital and its adjoining Chinai Prasuti Gruh (maternity centre).

According to the AMC plan, the two hospitals are to be demolished to construct a parking lot for the new hospital which is being built.

Both old facilities are governed by a common trust with heirs of donor Sarabhai and Chinai families among its nine members apart from AMC corporators and a civil surgeon.

The petitioners said the AMC took the decision to demolish the existing hospitals and construct the new one by first changing the composition of the trust by replacing the leader of the opposition of the civic body (of the Congress) by a corproator of the ruling party (the Bharatiya Janata Party).

The AMC also decided to transfer the management of the new hospital to a new trust, "Medical Education Trust" (MET), formed by the civic body, they said.

This decision has also been challenged in the HC.

The petitioners said the composition of the trust was changed in 2012 to gain majority after which the resolution was passed to demolish the two hospitals.

The resolution is "contrary to the trust deed and on the face of it erroneous, illegal and unlawful", they said.

In 2012, the petitioners received invitation for attending the foundation stone laying ceremony of the 1,600 bed multi-speciality hospital.

"It is stated and submitted that at no stage have the petitioners consented or concurred to this plan of demolishing these two hospital buildings," the petitioners said.

"The entire purpose of this new trust is to divest the petitioners from the management of the two hospitals and enable AMC corporators, bureaucrats and politicians who are the trustees of the MET to take complete control," said the petitioners.

When the petitioners moved the charity commissioner challenging the demolition decision and also the formation of the new trust, the latter asked the parties involved "to sit together and sort out everything amicably".

Prime Minister Narendra Modi is likely to inaugurate the new hospital on January 17.