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The Bench of Justice Hima Kohli and Justice Subramonium Prasad vacated an order which had stayed the Delhi Government's direction to 33 private hospitals to reserve 80% ICU beds for COVID-19 patients in case GNCTD vs Association of Healthcare Providers (India)&anr. The Honorable Delhi High Court has allowed the government national capital territory of Delhi to reserve 80% of ICU beds for COVID-19 patients in 33 government of private hospitals, by saying that the condition within the national capital is constantly changing and cases of coronavirus are increasing.
Presently, COVID-19 cases are shooting up and the situation of COVID-19 infection in Delhi has become critical in recent days, though it may not have been so bad when the order dated 12.9.2020 was issued. Additional Solicitor General Sanjay Jain, appearing for the GNCTD from the petitioner side stated that such a case should not be revied in 15 days as it is not adversarial litigation. As the situation of COVID-19 infection had changed drastically from September there is a huge demand for ICU beds. These 33 hospitals are the preferred ones and also have a good facility. It was also stated that as per the data from the last two weeks, the actual occupancy of ICU beds by non-COVID patients was much lesser than the number of available, non-reserved beds.
Senior Advocate Maninder Singh from the respondent's side by opposing the vacation of stay has said that in September, no study was conducted by the authorities regarding the formulation of such policy, and 50% of ICU beds are required by non-COVID emergency patients. He has also said that a shortage of beds can be met by augmentation but one should not snatch it from another category.
The court has said that in view of the situation which has changed since the stay order was passed, the court proceeded to vacate the order passed by the Single Judge and no person shall move hither and thither when the beds are available.
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