A PIL challenged inadequate space for Antiretroviral Therapy. The court noted an affidavit stating additional space was allotted, removing the earlier inconvenience faced by patients. Consequently, the court held the grievance no longer survived and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO.11 OF 2015 Sunil S/o Gajanan Maiskar
..vs..
Union of India, thr Principal Secretary, Health and Family Welfare Department and ors
....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders
Shri Vivek Awachat, counsel for the petitioner. Mrs. Mugdha Chandurkar, counsel for R-1 & 2. Mrs. Bharti Dangre, G.P. for R-3 & 5.
CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ. DATED : AUGUST 18, 2016.
Heard.
This public interest litigation is filed by the petitioner with a grievance that the space for A.R.T. (Antiretroviral Therapy) is inadequate.
The affidavit is filed by Professor and Head, Department of Medicines and Nodal Officer, A.R.T. Plus Centre, Government Medical College and Hospital, Nagpur Dr. Vrinda S. Sahastrabhajney stating therein that the additional space has already been allotted in the present existing premises. It is further stated that since the additional space has been alloted, the patients of the A.R.T. will not face inconvenience which they used to face earlier due to lack of space. It is mentioned that the patients will be made available all the
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facilities , as well.
In that view of the matter, since the grievance of the petitioner no more survives, the writ petition is disposed of.
JUDGE JUDGE
!! BRW !!
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C E R T I F I C A T E
I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.
Uploaded by : Bhushan R.Wankhede. Uploaded on : - 18/08/2016 (Personal Assistant)
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2 issues framed by the court
Whether adequate space exists for Antiretroviral Therapy (A.R.T.) patients in the existing premises.
Whether the grievance regarding inadequate A.R.T. space survives after additional allotment.
Sunil S/o Gajanan Maiskar
Union of India, thr Principal Secretary, Health and Family Welfare Department
B.R. Gavai
V.M. Deshpande
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
