107 hospitals identified for mandatory free EWS treatment, Delhi Government tells SC

New Delhi: At least 107 hospitals in the national capital may be required to provide free treatment to economically weaker section (EWS) patients under their land allotment conditions, according to a fresh affidavit filed by the Delhi Government before the Supreme Court. This is more than double the 51 hospitals already under judicial scrutiny over alleged non-compliance. 

The latest disclosure brings 56 additional hospitals and medical institutions under the ambit of the exercise after the government received information from the Delhi Development Authority (DDA), Municipal Corporation of Delhi (MCD) and Land and Development Office (L&DO) regarding institutions that received land through grants or at concessional rates. 

Under a 2018 Supreme Court ruling, hospitals that were allotted land at subsidised rates are required to reserve 10% of their inpatient department (IPD) capacity and 25% of outpatient department (OPD) services for free treatment of EWS patients.

In its affidavit filed on November 3, the Delhi Government stated that notices had been issued to 28 of the newly identified institutions. Responses from 19 hospitals have been received and are currently being examined. The remaining 17 were not served notices because inspections or available information indicated that the facilities were either non-operational or the allotted premises were being used for purposes other than running hospitals.

A bench of Justices P.K. Mishra and Shree Chandrashekhar took the affidavit on record on November 4 and directed the Delhi Government to continue identifying institutions covered by the free-treatment requirement. It has been asked to submit an updated status report by January 19, 2027.

The exercise follows an earlier court directive issued on September 30, which asked the government to identify hospitals beyond the existing list of 51 that may have received government grants or concessional land and therefore be covered by the same obligations.

Among the additional institutions identified are Fortis Hospital in Shalimar Bagh, Apollo Hospital in Sarita Vihar, the Institute of Liver and Biliary Sciences (ILBS), the Institute of Human Behaviour and Allied Sciences (IHBAS), Rajiv Gandhi Super Speciality Hospital, Chacha Nehru Bal Chikitsalaya and Delhi State Cancer Institute.

Inspections reveal non-hospital activities on allotted land

According to the HT report, the government's affidavit also highlighted irregularities uncovered during field inspections at several locations. At a site allotted to Raunaq Medical Research Centre near Jangpura, officials found a guest house operating instead of a hospital. A salon was found at land allotted to Shanti Memorial in Malcha Marg, Chanakyapuri.

Similarly, an auditorium was operating on premises allotted to Lakshmipat Singhania Medical Foundation, while a residential property was found at a site assigned to Human Care Charitable Trust in Saket.

The inspections also found cases where hospitals had ceased operations several years ago. In some instances, the DDA had auctioned the properties to other parties for operating hospitals.

The government has pointed out that breaches of lease conditions can lead to cancellation of land allotments. Where a hospital stops functioning during the lease period, the land-owning agency may auction the property again, subject to similar terms and conditions.

The Delhi government affidavit said, “The remarks and explanation attributed to individual hospitals or institutions are their respective submissions and are being placed on record as received, without expressing any opinion thereon”, Hindustan Times reported. 

Meanwhile, the DDA, MCD and L&DO have been asked to provide verified details of the hospitals allotted land, along with their compliance status regarding free treatment for EWS patients. The process of collecting and examining this information is ongoing.

The two amici curiae appointed by the Supreme Court to assist in the matter have also submitted a revised standard operating procedure (SOP) for hospitals covered by the free-treatment requirement. The proposed guidelines seek to ensure that eligible patients are not denied treatment under the applicable land lease conditions.

The 51 hospitals already facing scrutiny include several major private healthcare institutions in Delhi, among them Max, Fortis, Mool Chand, Primus, Batra, Dharamshila Narayana, Sir Ganga Ram Hospital, St Stephen's Hospital and Rajiv Gandhi Cancer Institute.

The case originates from a public interest litigation seeking free medical care for economically weaker patients at hospitals that received government land on concessional terms. The Delhi High Court had directed such institutions in 2007 to comply with the free-treatment conditions. The Supreme Court upheld that direction in 2018 and required the Delhi Government to periodically report on implementation.