Encroachment by sole chemist shop at GMSH-16: Inquiry points at nexus between former UT health director, chemist
Fact-finding committee, constituted by UT admn last month, also finds documents regarding the shop beyond 2014 missing; recommends FIR
Former UT health services director Dr Manjit Singh Bains and the owner of the sole chemist shop at Government Multi-Specialty Hospital (GMSH), Sector 16, illegally conspired to encroach upon the adjacent passage by demolishing the partition wall, thereby doubling the shop’s size, a report by a fact-finding committee has revealed.
As the committee found that documents relating to the chemist shop beyond 2014 are missing, it has also recommended an FIR.
Dr Bains served on the post of director, health services (DHS), from August 2006 to October 2010. The shop owner, ML Gupta, passed away last year.
The four-member committee was constituted by the UT administration on September 27 after a local court ordered a stay on the chemist’s removal due to the encroachment, stating that there is no evidence on record that the UT health department initiated a fact-finding inquiry before coming to the conclusion that the chemist had demolished a partition wall and encroached upon a passage.
The court had asked the UT health department to re-approach the court after conducting a fact-finding inquiry and inquiring into the role of erring officials who didn’t bring the matter to senior officials’ notice earlier.
The committee is headed by additional health secretary Akhil Kumar, with Dr Paramjit Singh, deputy medical superintendent, GMSH-16; Anil Kumar Sharma, executive engineer, UT engineering department; and Rajiv Mehta senior architect, architecture wing, UT, as members.
Committee’s findings
In its report, submitted to UT and the court, the committee has stated, “In 2013, the superintendent, vigilance, UT, had highlighted that ML Gupta merged an adjacent shop into the one already occupied by him, illegally in conspiracy with Dr Manjit Singh Bains, the then DHS...Considering that none of the officers objected to the said illegal act while their offices were located on the first floor...the load bearing wall might have been removed in connivance with officers at that juncture.”
“Had the then DHS and subsequent directors taken necessary action on time on such a sensitive and grave issue of irregularities, the continuation of chemist shop beyond that period would have been stopped. In that case, the Chandigarh administration would not have suffered wrongful loss which could go in crores,” the committee noted.
Current occupied area double than original layout plan
The committee said at present, the area occupied by the chemist shop at Booth Number 6, along with the passage, was 329.16 square feet, whereas as per drawings, the original area was 151.87 square feet.
“This means the chemist shop is occupying more than the area allotted in 1993, which was approved in the layout plan, and no document is available that indicates that the health department allowed or agreed at any stage to include the adjoining passage in the chemist shop,” it added.
Encroachment caused over ₹64 lakh loss to exchequer
The committee also assessed the rent for the encroached area from January 2010 to October 2022 and as per collector rate of UT, the loss to the exchequer for the additional space of 177.29 square feet is estimated to be ₹64.7 lakh.
“It is also suggested that the load bearing wall between the shop and the public passage must be restored in view of public safety and restoration charges must be recovered from the lessee,” the committee further said.
UT health secretary Yashpal Garg said, “The committee has presented its report, which has been submitted before the district court and ML Gupta’s associate Sunil Kumar Jain who currently owns the shop. We will examine the report before taking further action.”
Dr Bains and Gupta’s family could not be immediately contacted for their response.
Shop occupied by same owner for 29 years
The chemist shop, the only one at the hospital, first came in the spotlight in the second week of September after an inspection by the UT health department found that it was being operated by the same firm for 29 long years through multiple extensions and renewals, and at minimal rent as compared to market price.
The shop was allotted on lease for only two years through an auction in 1993. While the first lease ended in 1995, the hospital authorities never floated a fresh tender and continued to extend the lease every five years, with the latest extension occurring in 2019 – for up to 2024, the inspection had found.
The UT health department had then also found that the chemist had illegally extended the shop by demolishing its wall and merging the adjacent passage.
