Vide Order dated 14.02.2023 of the Health Department, the EX-Lessee of Chemist Shop No.6 at the Government Multi Speciality Hospital Sector-16 (GMSH-16) Chandigarh was directed to immediately vacate the Public Passage and restore the load-bearing wall by 12.00 Noon of 15.02.2023 positively failing which the same would be carried out by the Administration on his risk and cost.
Though the Chemist Shop was required to be kept open 24×7 but the ex-Lessee went away after locking the Shop. The Department waited for his response till 12.15 and thereafter cleared the Public Passage and restored the Load Bearing Wall. The whole exercise was undertaken by a Team of Officers of the Health Department with the support of the Engineering Department of Chandigarh Administration under the Police Protection. An Executive Magistrate was also deputed by the District Magistrate Chandigarh to maintain Law & Order at the location. The items of the Ex-Lessee lying in the encroached Public Passage were moved to the earlier allotted space of the Chemist Shop No.6 and nothing was shifted/taken away during the whole process. Photography and Videographer have been done during the exercise undertaken by the Health Department.
Since the whole exercise was undertaken on the risk & cost of the Ex-Lessee, the Health Department is computing cost of and same will be recovered from the Ex-Lessee. Penal Rent/Damage Charges for encroachment of Public Passage are also being computed and same will also be recovered from the Ex-Lessee.
The Ex- Lessee has been asked to handover physical possession of the Chemist Shop No.06 by 10.00 am on 17.02.2023 positively. Further, Public Notice for e-Tender of the Chemist Shop has already been published today and e-bidding has already started which will continue till 09.03.2023. All eligible person can participate in the transparent & fair bidding process. The e-bid should be higher than Rs. 10, 00,000/- per month plus applicable GST. The e-bids will be opened on 10.03.2023.
Today again a complaint was filed with the SHO, Sector-17 Chandigarh to lodge an FIR against the ex-Lessee for encroachment of the Public Place and exposing serious risk for the precious human lives and public property.
The Hon’ble High Court of Punjab & Haryana, during hearing on 14.02.2023, has been informed that the Administration is contemplating lodging FIR in the matter of extensions in the Lease Period and also in the matter of encroachment of Public Passage. The encroachment of Public Passage exposed the precious human lives and public property to serious risk. Considering huge rush of patients and their attendant, the encroachment of Public Passage might have caused havoc in case of any unfortunate incident of fire, earthquake or other disaster.
A comparison of Chemist Shops at GMSH-16
The area of the Chemist Shop, as per the approved layout plan of Architect Wing was 151.87 sqr ft but the Ex-Lessee was occupying 329.16 sqr ft. A comparison of the rental of the Chemist Shops at GMSH-16 is as under:
1. Chemist Shop No.6 (Continuing since February 1993)
a) The area of the Shop: 329.16 sqr ft
b) Rent: Rs. 2.34 Lacs per month + Applicable GST
2. Newly auctioned Chemist Shop No. 7 (Auctioned on 20.10.2022)
a) The area of the Shop: 152.3 sqr ft
b) Rent: Rs. 17.01 Lacs per month+ Applicable GST
3. Newly auctioned Chemist Shop No. 9 (Auctioned on 21.11.2022)
1. The area of the Shop: 146.25 sqr ft
2. Rent: Rs. 17.21 Lacs per month+ Applicable GST
As per the above comparison, the rent of the Medical Shop No.6, for the area occupied as 329.16 sq ft (more than double of other Chemist Shops) should have been about Rs. 35 Lac per month. Hence the Administration was losing the government revenue of about Rs. 32 Lacs per month i.e. more than Rs. 1.0 Lac per day.
