Uphaar: SC asks AVUT to visit trauma centres built from funds including Rs 60 cr paid by Ansals

New Delhi, Sep 23 (PTI) The Supreme Court on Tuesday asked the Association of Victims of Uphaar Tragedy (AVUT) to visit trauma centres constructed from the funds including Rs 60 crore paid by Ansal brothers in memory of the 1997 fire tragedy victims.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh told senior advocate Jayant Mehta, appearing for the AVUT to depute someone to visit the trauma centres, which the Delhi government has claimed were constructed from the funds including Rs 60 crore paid by Ansal brothers.

"You visit these trauma centres and if anything needs to be strengthened, then court can pass necessary directions," the bench said, suggesting that the AVUT might try to give a decent burial to the dispute as there was no point reminding the people about the tragedy.

Mehta said the top court's directions to Ansal brothers in 2015 were not complied with and they were actually let off without facing any consequences.

"It appears that Rs 60 crore has gone into the blackhole," he submitted and claimed that the convicts (Gopal Ansal and Sushil Ansal) had taken the benefit of the leniency shown by the court.

Mehta said the court had directed the Delhi Vidyut Board to allot 5 acre land for the construction of trauma centres which was not done.

The bench asked additional solicitor general Archana Pathak Dave, appearing for the Delhi government, whether the Ansal brothers paid Rs 60 crore or not.

Dave replied in the affirmative and said it was utilised in three hospitals – Sanjay Gandhi Memorial Hospital, Mangolpuri, Satyawadi Raja Harish Chander Hospital, Narela, and Siraspur Hospital.

Mehta said it was not refuting the construction of these hospitals and trauma centres by the Delhi government and it was the state's bounden duty to construct such facilities for its people but the question was over Rs 60 crore.

Justice Kant said Rs 60 crore was nothing but "peanuts" as compared to the cost of constructing and running a hospital in Delhi in today's time and noted that the state government added more funds to run these facilities.

When Mehta tried to refer to the 2015 judgement to highlight the directions issued by the apex court at that time, the bench said it was not in review and was only concerned with the construction of the trauma centre.

The bench asked Mehta to verify if there were proper facilities as required in trauma centres besides their emergency response services and ambulances.

In August, the Delhi government informed the apex court that Rs 60 crore paid by the Ansal brothers for constructing a trauma centre in memory of the 1997 Uphaar fire tragedy victims has been utilised at three government hospitals.

These hospitals were selected for the establishment of trauma centres based on urgent public need in the high-density and underserved regions of Delhi, it had said.

"While the original direction of this court referred to the construction of a trauma centre at a suitable location in Dwarka, at the time there existed no GNCTD hospital in Dwarka where such a trauma centre could be established," it said.

The government, however, said Indira Gandhi Hospital, located in Sector 9, Dwarka, became functional on May 10, 2021.

"The hospital has a total bed capacity of 1,241, including 330 ICU beds, and is fully operational, benefitting the residents of Dwarka and surrounding areas," its affidavit said.

The Delhi government submitted that it had gone beyond the original directions by establishing trauma centres at three different locations to maximise public benefit.

AVUT had argued while about 10 years had elapsed since the stipulated fine amount was deposited with the office of the chief secretary, government of NCT of Delhi, on November 9, 2015, the trauma centre envisaged in this court's directions remained a "nonstarter".

On September 22, 2015, the top court directed that the trauma centre was required to be completed within two years in memory of the fire victims in the Dwarka area. PTI MNL MNL AMK AMK