tion Civil No 339 of 1986
Under Article 32 of the Constitution of India SP Pandey and Mrs Rekha Pandey for the Petitioner
JR Dass DK Sinha D Goburdhan and RK Mehta for the Respondent
PG NO 308 The Judgment of the Court was delivered by RANGANATH MISRA J
A letter addressed to the learned Chief Justice of this Court from two citizens of Patna in regard to the Mental Hospital at Kanke near Ranchi in Bihar State was considered as a public interest litigation and registered as an application under Article 32 of the Constitution
On 741986 this Court called upon the State of Bihar to file its counter affidavit and the Chief Judicial Magistrate of Ranchi or any other Judicial Magistrate nominated by him to visit the hospital and submit a report about the conditions prevailing in the Hospital
The Chief Judicial Magistrate visited the hospital on 861986 and on several other occasions thereafter and submitted a detailed report on 15th of July 1986
He found that there were 1580 beds
The Hospital was in the sole management of the Health Department of the State of Bihar
The State received financial contributions from West Bengal and Orissa
There is a Managing Committee of the Hospital consisting of 14 members in all with the Commissioner of South Chotanagpur Division as its Chairman
The sanctioned strength of medical officers was 16 but only 9 had been filled up and there were 7 vacancies
In the Hospital the male patients wing had 10 blocks in all apart from the Isolation Ward the Medical Ward and the Infirmary Ward
These are in 10 double storied blocks and three single storied wards in charge of separate doctors
The female patients  unit consisted of two double storied and two single storied blocks
Each block had the capacity of 120 patients
Some of the patients had to pay for their treatment while the treatment to the general category was intended to be free
All the three residential quarters within the complex meant for the medical officers were occupied by others one by the suspended Superintendent the other by the retired Superintendent and the third one was by the Acting Superintendent
Three doctors were residing in the quarters meant for non gazetted officers and the remaining doctors were staying in private houses at Ranchi about 11 kilometers away
The Chief Judicial Magistrate found that there was acute shortage of water in the Hospital
There was only one tubewell within the campus located in the male block
There were five ordinary wells but there was no motor pumps installed in any one of them
These wells were the only source of supply of water
Several representations had been made to the State Government for supplying water on permanent basis to the Hospital but there was no response from the Government
PG NO 309 The Chief Judicial Magistrate was surprised that none of the toilets within the hospital complex was in order
The sanitary fittings were not operating having got chocked
The patients were therefor forced to ease themselves in the adjacent open field
Consequently the environment had become polluted and unhygienic
Though there were fan points and even electric fans were hanging from the roof in some places no fan excepting the one in the chamber of the Superintendent was in working condition
He also found that though there were electric connections with bulbs and tubes yet light was not available and therefore total darkness prevailed in the campus between dusk and dawn
The Superintendent explained to the Chief Judicial Magistrate that the Hospital had no electrician and the Institution had to depend upon the mercy of the State Electricity Board and despite correspondence there was no response
He found that old iron cots had been provided in the year 1925 and only 300 more had been added by purchase
The total number of patients were 1580
Most of the iron cots having been broken were out of use and therefore only 300 beds were actually available
None of the wards had doors and windows in working condition
The Superintendent pointed to him that he had made repeated requests to the Public Works Department of the State Government but no letter had even been acknowledged
In the absence of device to close the doors and windows there had been occasions when mentally ill patients had jumped through the windows or had run out from the rooms
To meet such situations the broken cots were mostly used to block the passages
The Chief Judicial Magistrate further found that the mattresses and linen were in very bad shape he noticed several patients to be lying on the bare floor some of the patients were using a single blanket both as mattress and cover
Some patients were naked in the absence of clothing and others were found wearing torn shirts and pants
Mosquito nets were not available pillows were not provided and the patients were left to their fate
The Chief Judicial Magistrate noticed marks of buy bitings as also mosquito biting on the body of the patients
In the absence of clothing the patients were forced to wear the same shirt and pant for four to six weeks without a wash on account of unavailabiliy of water
The Superintendent told the Chief Judicial Magistrate that Government of Bihar had sanctioned Rs 3 a day per patient for the two meals and breakfast and it was wholly inadequate
The Managing Committee had recommended for sanction of Rs 10 per patient per day but PG NO 310 there had been no response
The diet as prescribed included an egg 250 gms
of milk every day and meat and fish once in a week but in the absence of appropriate funds those had been discontinued for years
The Chief Judicial Magistrate having visited the place on several occasions noticed that there was no account of the stock of medicines life saving drugs were not stored properly in the absence of a refrigerator
The instruments were not in working condition and the employees meant for working the instruments were idlying away their time
The patients were now referred to Medical College Hospital at Ranchi for X ray and ECG as and when necessary
Many of the patients told the Chief Judicial Magistrate that they had not been getting any medicine for months together
The Chief Judicial Magistrate had noticed that several doctors were not available in the Hospital for days together
Some of the patients in the wards complaind to him that the doctor was not visiting the ward even for one hour in a week he carne across a weak and emaciated patient who told him that he had not been given any food for two days on the plea that he was suffering from diarrhoea and he had not even been given any treatment Cn the 11th of July 1980 when he visited the Hospital along with the local Additional District Magistrate he found not a single doctor on duty though that was the time when all the doctors were supposed to be on duty within the campus
Though this was the actual position
the attendance register showed all the doctors to be present as required according to the duty chart 
The Chief Judicial Magistrate collected the death rate from the Superintendent for the period between 1977 and 1986 which are as per the particulars given below Year Male Female Total 1977 38 11 49 1978 72 12 84 1979 74 31 l05 1980 66 24 90 1981 39 33 172 PG NO 311 1982 173 50 231 1983 87 44 131 1984 152 94 246 1985 90 69 159 From 1 1 1986 30 6 1986 49 25 74 In Paragraph 28 of the Report the Chief Judicial Magistrate stated This chart clearly shows abrupt rise in the graph of death rate after 1980
1984 was the most unfortunate year for Arogyashala when maximum escapes and deaths took place
Mass scale escapes and deaths of patients in 1984 is said to be the result of internal politics in the Arogyashala campus for which the then Superintendent and Dr Durga Bhagat and Deputy Superintendent
Dr BB Singh are said to be largely responsible
 The Magistrate further reported that the present acting Superintendent had failed to improve the administration
He lacked adequate control over his colleagues and the staff
The out going Superintendent residing within the campus was inciting the people and the acting Superintendent was gradually losing his grip and control over the administration
The innocent miserable and vioceless patients were the victims of the situation
The practice prevailing in the Hospital had been that the Superintendent alone was competent to admit patients and as such the guardians and attendants of the patients seeking admission into the Hospital had been exploited by a group of persons friendly with the Superintendent and those who did not come to terms with the Superintendent had been denied the benefits of the Hospital
This led to friction and unpleasant relationship
He recommended that a non medical man if possible a retired army officer or a District Judge could be posted as the head of the Hospital to take control and tone up the deteriorating situation
He found that a large garden was attached to the Hospital but on account of the all pervading mismanagement there was no return but one Dr Buxy had recently been put in charge of the garden and had improved the same
Last of all in his report he adverted to the fact that some petients who had recovered and their number he found was about 300 being both men and women were not in a position either to return to their take to any employment in the absence of any facility
He found that these persons who PG NO 312 no more required treatment should be removed from the Hospital so that there would be room available for patients who required treatment unnecessary expenditure on such large number of people could be avoided and the standard of discipline within the Institution could be improved and there could be a general toning up of the atmosphere
Along with the report he gave various relevant details in the annexures
Annexure 11 is a list of criminal patients who had come from different jails for treatment and had been declared fit for discharge
We may refer to the cue of one Rupa Santhal
This person was admitted to the Hospital on 2891947 at the instance of the Superintendent of Chittagang Hill Tract Jail where on being convicted by the Deputy Commissioner of Chittagang Hill Tract for an offence punishable under Section 326 IPC he had been imprisoned for undergoing the sentence
Obviously he could not have been detained in jail for 41 years for the offence under Section 326 IPC
Several letters were sent from the Hospital but there was no response
We may also refer to the case of Madhu Mahanta who was admitted to the Hospital on 15111950 at the instance of the Superintendent District Jail Keonjhar in the State of Orissa
He had been convicted under Section 302 IPC and was languishing in the Hospital for 36 years though he had been cured several years back
The Magistrate has given a list of 13 persons of this category
We are astonished that even when prisoners are transferred for treatment from jails where they were undergoing sentences of imprisonment no follow up action has been taken from the jails on their own and even when the Hospital authorities had required the prisoners to be taken back no response has been made
This only exhibits total callousness
We have given sumptuous extracts from the report of the Chief Judicial Magistrate with a view to bringing out as clear a picture as possible of the shocking and savage conditions that prevail in the mental hospital
There can be no two opinion that the hospital was in a shape a shade worse than Oliver Twist s Orphanage
From all accounts perhaps
many of zoos housing animals have better conditions than those that prevail in this hospital
While the mentally ill require a soothing environment for treatment as psychatrists say the State of Bihar as converted what was once a prestigious mental hospital Into a den to house about sixteen hundred patients
The reports of the Chief Judicial Magistrate gives the reader the feeling of a medieval torture house
On 1181986 the Court noticed the report and observed PG NO 313 The report makes a painful reading and shows how badly is this institution managed and in what in human condition the patients are made to live  work there
It is surprising that the State of Bihar has allowed this institution to de generate into the present condition
It is necessary that immediate steps should be taken to improve the functioning of this institution in all respects
We would therefore direct the Chief Secretary and Health Secretary to the Government of Bihar to file affidavit or affidavits putting forth a definite scheme for improving the working of the Institution and for remedying the drawbacks and deficien cies pointed out in the report including the neglect of patients by the Medical Superintendent attached to the Institution
This matter must have urgent priority since it concerns the well being of the mentally handicapped
We would therefore direct that the affidavit be filed within three weeks from today setting out a time bound programme for improving the functioning of the Institution
We would like to observe that the Chief Judicial Magistrate has made an excellent job of the task assigned to him and we express our sense of appreciation for the work done by him
These observations may be sent to the High Court of Patna and the Chief Judicial Magistrate
On 191986 the Health Secretary filed a short affidavit together with a scheme for the improvement of the Hospital
The opening words of the scheme have to be quoted to be believed The Government of Bihar are aware of the conditions prevailing in the Mansik Arogyashala Kanke and the Government for sometime in past have been discussing measures to be taken for improvement of the same
The subject was discussed by the representatives of the State of Bihar with the members of the Planning Commission at a meeting held at New Delhi in the month of january 1986 and accordingly it is contemplated to develop the Mansik Arogyashala Ranchi on the lines of NIMHANS in Bangalore The scheme indicated that a letter had been written to the Director NIMHANS at Bangalore for information on 17th of April 1986 ie 4 12 months before the scheme was filed PG NO 314 in this Court
There is no indication as to what was received from the Director or as to what further follow up action was taken during the 4 12 months
The scheme indicated that out of 16 sanctioned posts three posts were earmarked for West Bengal Government and were vacant out of 13 posts 9 had been filled up and 4 were vacant and were to be filled up by October 1986
The scheme admitted with reference to the water supply system that the internal system was choked and was not functioning
In the year 1985 86 Rs10 lakhs had been sanctioned for renovation of water supply system and the Public Health Engineering Department could utilise only Rs61000 during the financial year therefore the balance amount of Rs939000 was again to be sanctioned in the year 1986 87
The lavatories and bathrooms were not in working condition as accepted and the scheme proposed that the Superintendent of the Hospital is to supervise the sanitary system
In regard to electricity it was indicated that the electric fittings fixtures and other equipments would be replaced by March 1987 which meant six months beyond the date when the scheme was framed
It was proposed that a 100 KV Generator set was to be installed
In regard to cots and mattresses it was stated that 400 of them would be acquired in the year 1986 87 and the remainder in the year 1987 88
It was stated that the doors and windows required total replacement and it was indicated that Rupees six lakhs were sanetioned during the financial year for repair work
In regard to diet it was indicated in the scheme In the State of Bihar the rate of the diet per patient for the hospital is Rs300 per day except the TB patient to whom the rate of diet is Rs415 per day
In the year 1986 87 rate of diet per patient has been increased to Rs355
The Superintendent of Kanke hospital has been directed to improve dietary management
It was admitted that ECG machine was out of order and efforts would be made to instal the machine in the financial year
It was also proposed in the scheme that there would be a regular Superintendent posted soon
In regard to supply of medicines it was stated that the prescribed rate was Rs100 per patient per day and it has been increased to Rs190 per patient per day from 1986
PG NO 315 On 20th of October 1986 this Court made the following order 1
In respect of each patient in the Ranchi Mansik Arogayashala the daily allocation for diet will be increased from the existing inadequate articles of that value shall be supplied to each patient
Arrangements should be made forthwith to supply adequate quantity of pure drinking water to the hospital if necessary by engaging water tankers to transport potable water from outside
Immediate arrangements should be made for the restoration of proper sanitary conditions in the lavoratories and bathrooms of the hospital
All patients in the hospital who are not at present having mattresses and blankets should be immediately supplied the same within 15 days from today
Such of the patients who have not been given cots should also be provided cots within six weeks from today so that no patient shall be thereafter without a cot
The ceiling limit at present invogue in respect of cost of medicines allowable for each patient will stand removed with immediate effect and the patients will be supplied medecines according to the prescription made by the doctors irrespective of the costs
The State Government shall forthwith take steps to appoint a qualified Psychiatrist and a Medical Superintendent for the hospital and they should be posted and takecharge in the Institution within six weeks from today
The Chief Judicial Magistrate Ranchi to whom a copy of this order will be forwarded by the Registry shall visit the hospital once in 3 weeks and submit quarterly reports to this Court as to whether the aforesaid directions given by us are being complied with
 On 20th of November 1986 the Health Secretary gave a report as to programme relating to aspects covered by the scheme
It indicated that no reply had been received from NIMHANS and therefore an officer had been sent from Bihar PG NO 316 to obtain the information
The medical officers against the vacant posts had been posted water supply and electricity were yet to be attended to
The repair to the building was in progress and other aspects were yet to be attended
A Superintendent in the rank of Civil Surgeon had been posted
The Chief Judicial Magistrate furnished a further report in December 1986
While he noticed certain improvements he pointed out that there were 400 female patients and there was only one lady doctor in the Hospital
There was no lady Psychiatrist or Psychologist
The Superintendent had written to the Government about it but there has been no response
On 14th of September 1987 the Court noticed the fact that the State of West Bengal was in huge arrears in the matter of payment of contribution to the running of the Hospital
Counsel for State of Bihar had agreed to send details of the arrears to the State of West Bengal within a fortnight and the Court directed the West Bengal Government to pay the same
The State of West Bengal filed its affidavit through the Joint Secretary in the Department of Health and Family Welfare
The affidavit while accepting the fact that 38 of the seats in the hospital were reserved for West Bengal alleged that in the absence of furnishing of proper accounts by the State of Bihar the payment of contribution had not been made in time by the State of West Bengal after 1979 80
It agreed to pay Rs20 lakhs during the year and the balance in suitable instalments in future
The State of Orissa has pointed out in its affidavit that it has been regularly paying its contribution of Rs3 lakhs and was not in arrears
The Deputy Director Medical Health Services Government of Bihar filed an affidavit claiming that the rate of diet had been enhanced with effect from 1121986 and in diet all the patients were provided rice bread dal vegetable egg milk loaf biscutt tea fruit 
Fish meat and chicken were being provided alternatively thrice a week
Old Pipe lines had been replaced and the flow of water was increased storage facility for water had been arranged
Medicine as per requirement is being provided without refering to any ceiling limit
new X ray machine has been purchased the old ECG machine has been condemned and a new one has been purchased
One of the petitioners filed an affidavit denying many of the aforesaid claims
On 14th of March 1988 this Court made the following order PG NO 317 We have perused the affidavit filed by Shri Subodh Chandhra Naryayan one of the petitioners wherein several allegations of mismanagement have been made
It has also been alleged that in spite of the direction of this Court that the daily diet expenses should be Rs10 per patient actually Rs7 is being spent and though this Court had directed that there should be no ceiling of expenses for medicines beyond Rs2 per patient is not being issued
We are of the view that copy of the affidavit should be sent to the Chief Secretary State of Bihar with a direction that he would personally look into the matter and should send a report within four weeks
 A report beyond the time indicated in the order dated 14th of March 1988 was furished by the Chief Secretary and the same was covered by an affidavit of the Joint Secretary of Department of Health and Family Welfare of the State Government
The Chief Secretary reported The entirc hospital complex is spread over a sprawling area
The buildings are old
but they have been extensively repaired and white washed
Many old cots
matresses linen etc have been replaced by new ones
Government has spent several lakhs of rupees on improvements in the running of the Agrogyashala during the last two years
In course of my visit l did not find that patients were being given inadequate food or medicine   He also found that the toilets had not been attended to the position of water supply was not satisfactory the automatic boiler had not yet been repaired or replaced
The Court s Order of 14th of March 1988 indicated that the affidavit filed by Subodh Chandra Narayan containing several allegations of mismanagement was to be forwarded to the Chief Secretary and with reference to the allegations therein he was to send his report
We do not find that the report of the Chief Secretary covers all the aspects
The hospital authorities would not in their own interests be too ready to expose their own deficiencies during the visit of the Chief Secretary
Therefore to have been satisfied and to report that during his visit he did not find any patient being given inadequate food or medicine is no appraisal of the situation
The fact that lakhs of rupees had been spent on improvement is indeed of no consequence PG NO 318 until the Agorgyashala is restored to acceptable hospital standards
The report gives us a feeling that the Chief Secretary was more conscious about the expenditure made by the State Government than assessing the actual situation
From his report however it is clear that inspite of several orders made by this Court and assurances held out by the State Government of Bihar the defects were not being remedied
The awareness of the governmental authorities of the sordid situation prevailing in the hospital as admitted in the scheme furnished to this Court the non compliance in an effective way with the directions made from time to time by this Court and the general lethargy shown in rising from slumber leaves a clear impression in our mind that the institution cannot be run as a mental hospital of that magnitude unless there be change in the administrative set up the control is altered and a total new service to patient oriented thrust given to the institution
In a welfare State and we take it that the State of Bihar considers itself to be one such it is the obligation of the State to provide medical attention to every citizen
Running of the mental hospital therefore is in the discharge of the State s obligation to the citizens and the fact that lakhs of rupees have been spent from the public exchequer perhaps without or inadequate return is not of any consequence
The State has to realise its obligation and the Government of the day has got to perform its duties by running the hospital in a perfect standard and serving the petients in an appropriate way
The reports and affidavits of the Government of Bihar and its officers not the reports furnished to the Court by the judicial officers have not given us the satisfaction of the touch of appropriate sincerity in action
The scheme which was furnished to the Court was a half hearted one and no attempt therein was made to bring about any improvement except attending to certain obvious deficiencies and shortfalls
The hospital has been in existence from pre independence period
There have been epoch making breaks through in the field of psychiatry and treatment of psychiatric patients
The approach to mental health and the techniques of psychiatry have changed
Psychologists have developed their art and their tools
The method of care ar d attention for the mentally ill has also undergone a sea change
When we had called upon the State of Bihar to give a scheme for improving the conditions of the hospital this Court had not intended a scheme for removing the deficiencies in the old hospital we had really intended to look forward to a scheme of re orientation which the scheme did not even remotely touch except to say that NIMHANS at Bangalore has contacted
PG NO 319 The state Government authorities have not been able to assess the priorities
Provision of beds though the scheme indicated had to be fully made by end of March 1988 the report of the Chief Secretary and the accommpanying affidavit have not cleared that position
Provision for electricity and water has taken too long though both are basic necessities of life
The fact that the existing lavatories have taken more than two years to repair is a slur on the administration
There does not seem to be the slightest interest on the part of the persons handling the matter to improve the environment
In these cir cumstances it becomes difficult for the Court with any sense of confidence to leave the management to the Health Department of the State of Bihar if the institution has to run as a good and useful hospital
We are cognizant of the position that it is difficult for the Court to monitor the management of a hospital particularly when it is located a thousand kilometres away but since there have been some improvements with the Court s intervention to get out of the picture at this stage would only mean that the situation will again deteriorate no sooner the Court s attention is withdrawn
As we have already pointed out mere restoration of the hospital to its old position would only bring into existence an archaic institution sans modernism
In our opinion it will be much better if a Committee of Management is appointed with full powers to look after all aspects of the institution
It is appropriate to take note of the position that this institution receives contribution from two other States
38  of these beds being about 600 are reserved for the State of West Bengal and the Government of West Bengal is to pay for the same
Similarly 75 beds are reserved for the State of Orissa and a sum of Rs 3 lakhs is payable by the Orissa Government
There is no reason why the management of the hospital should be left exclusively to the Health Department of State of Bihar and the participating Governments should not be associated in such management
Taking note of the performances of the State administration of Bihar in regard to the hospital we are of the view that association of the States of West Bengal and Orissa in the management is likely to bring about some positive result
We would accordingly constitute a Committee of Management for the Mental Hospital in the manner indicated below
Chairman A consenting sitting Judge of the Patna High Court Ranchi Bench to be nominated by the Chief Justice of Patna High Court
PG NO 320 Members 1 Commissioner of Ranchi Division
2 Station Commander Ramgarh area Ranchi
3 Secretary of Health Bihar Government
4 Secretary of Health West Bengal Government
5 Secretary of Health Orissa Government
6 Deputy Commission of Ranchi
7 Principal of the Ranchi Medical College
8 District Judge Ranchi
9 Superintendent of the Hospital
The Commissioner of Ranchi Division and the Station Commander shall be Vice Chairmen and in the absence of the Chairman shall in the order indicated act as Chairman when any of them too is absent
The Superintendent shall act as the Secretary
We hope and expect that the concerned Governments and authorities would accord the necessary consentpermission to the nominated officers to act on the Committee and the Committee would be able to have its first meeting in the first half of November 1988
The Committee should meet every month in the first six months with a view to removing the defects and deficiencies within a time frame say of six months at the most and for reviewing the improvements in the conditions of the hospital
If it is satisfied that the situation has improved the meetings thereafter may be quarterly
The Commissioner of the Ranchi Division shall make a monthly report with in 2 weeks of the end of every month about the state of the hospital during the first year and such reports as and when received by the Registry should be placed before the Court
The State of West Bengal is in arrears in regard to its contribution for several years
Though counsel for the State of Bihar had undertaken to furnish accounts the same has not yet been done
The Committee shall ensure that the accounts are furnished to the State of West Bengal by the 15th of December 1988
In its affidavit the State of West Bengal has indicated that it would pay Rs20 lakhs out of the dues during the current financial year and would pay the balance in suitable instalments
As the improvement to the hospital would involve huge expenditure we direct the State PG NO 321 of West Bengal to pay Rs50 lakhs out of its dues by 31st of March 1989 and the balance amount shall be paid in two six monthly instalments one by 30th of September 1989 and the other by 31st of March 1990
The Government of West Bengal and the Committee shall ensure that this time frame is adhered to
The entire arrears collected from the West Bengal Government shall be earmarked for development of the hospital to be expended in the manner approved by the Committee and no portion thereof would be otherwise spent
We are of the view that if the hospital is transformed into a better one just as the hospital run by NIMHANS at Bangalore the quality of the hospital would improve and the patients would have the benefit of modern scientific treatment
The Committee shall therefore take expeditious steps to explore the possibility of transforming the Mental Hospital at Ranchi into the pattern obtaining in the hospital run by NIMHANS at Bangalore by taking such steps as are necessary and furnish a report to this Court by the end of February 1989 when that question will have to be considered by this Court after hearing the concerned State Governments and the parties
The State of Bihar shall provide a basic fund of Rs50 lakhs in the year ending 31st of March 1989 to be spent for improvement of the Hospital in the manner approved by the Committee and in case the Committee is of the view that further funds are necessary it would be open to the Committee to make a report to this Court whereupon appropriate directions shall be given
There have been repeated allegations that the lady patients who have already been cured are not being released from the hospital
At one stage the explanation offered by the hospital authorities and the State administration was that the relations even though notified are not taking them back
The hospital is not a place where cured people should be allowed to stay
It is therefore necessary that there should be a rehabilitation centre for those who after being cured are not in a position to return to their families or on their own seek useful employment
The Committee shall therefore take immediate steps to have a rehabilitation centre at a convenient place around Ranchi where appropriate rehabilitation schemes may be operated and the patients after being cured irrespective of being male or female if they are not being taken back by the members of their families could be rehabilitated
The funds made available to the Committee may be utilised for such purpose
PG NO 322 We must reiterate that Court monitoring of an institution like the present one is indeed difficult but we cannot close the proceedings at this stage for the reasons we have already indicated
Parties including the Committee shall have liberty to move this Court from time to time
We make it clear that the directions regarding payment of the funds are pre emptory in nature and no application for modification thereof shall be entertained
This matter shall be deemed to be pending to deal with the various reports from the Committee and for purposes of giving other directions


Summary:
This is a tenant s appeal filed after obtaining Special Leave from the Court
The Respondent landlord of tenanted premises ie two sheds filed a petition for ejectment of the appellant from the premises in question before the Rent Controller
According to the Respondent landlord the monthly rent payable by the appellant was Rs950 pm which was liable to be enhanced under the provisions of Haryana Urban Control of Rent and Eviction Act 1973 from Rs950 to Rs1142 pm
Accordingly the respondent caused a notice to be given to the appellant claiming rent  Rs 1142 wef 2661974 till June 1977 and since the appellant defaulted in making payment of the rent he was liable to be ejected from the demised premises
The tenant denied that the rent was liable to be enhanced as claimed by the landlord
He further asserted that he had already paid rent upto March 1975 by means of cheques and that he had tendered the ar rears of rent together with interest and costs as assessed by the Rent Controller on 5121977
On this reasoning he urged that he was not liable to be evicted on the ground taken in the Petition
The landlord in the replication denied the receipt of rent for the period from May 1974 to November 1977  Rs1142 pm Alternatively he claimed that the rent to the extent of Rs36100 was due to him from the appellant  Rs950 pm from 1st May 1974 to June 30 1977
The Rent Controller held that the landlord respondent was not entitled to recover the rent  Rs1142 pm but only Rs950 pm as agreed between the parties and the appellant has failed to pay the rent from 141975
Accordingly the Rent Controller directed the ejectment of the appellant from the premises by granting him two months time
987 The appellate authority having affirmed the order of the Rent Controller the appellant filed a Civil Revision before the High Court under Sub section
6 of Sec 15 of the Act
Before the High Court it was urged by the appellant that since in the application for ejectment no specific amount of arrears of rent due was mentioned as contemplated by CI
c of Rule 4 and Clause 1 of Rule 5 of the Haryana Urban Control of Rent and Eviction Rules he could not be evict ed
Finding no substance in the said contention the High Court rejected the Civil Revision
Hence this appeal
The appellant raised two contention before this Court viz that the High Court has ignored to note the statutory obligation cast on the Rent Controller as per the proviso attached to Sec
1321 of the Act requiring him to calcu late and determine the quantum of arrears of rent even at the first instance has not been complied with and ii that the application for ejectment was not in accordance with the mandatory provisions of Rule 4c 51 and 6 of the Rules framed under the Act
Dismissing the appeal this Court HELD The proviso to Sec 132i requires the tenant to pay or tender the actual arrears of rent within 15 days of the first hearing of the application for ejectment after due service alongwith the interest to be calculated by the Controller at 8 per cent per annum on such arrears together with such costs of the application if any as may be al lowed by the Controller
994B When there is a statutory obligation on the tenant either to pay or tender the arrears of rent within a period of 15 days of the first hearing of the application for ejectment after due notice it is for him to calculate the exact arrears of rent due and to pay or tender the same and if the tenant fails to do so he is deemed to have not paid or made the valid tender of the rent
994D The non compliance of Rule 4c ie the non mentioning of the quantum of arrears of rent does involve no invali dating consequence and also does not visit any penalty
999B C Rules 4c 51 and 6 are not mandatory but only directory
999C If the statute is mandatory the things done not in the manner or form prescribed have no effect or validity
But if it is directory the non compliance may not lead to any serious and adverse consequence
995H 996A 988 The word shall in its ordinary import is obligatory
Nevertheless the word Shall need not be given that conno tation in each and every case and the provisions can be interpreted as directory instead of mandatory depending upon the purpose which the legislature intended to achieve as disclosed by the object design purpose and scope of the statute
998H 999A B No prejudice is writ large in the present case because proof of prejudice is also one of the necessary criteria besides non compliance of the provision to invalidate the Act
999G Sheo Narain vs Sher Singh   Not applicable
Sham Lal dead by Irs
vs Atme Nand Jain Sabha Regd Dal Bazar   Not applicable
Montreal St Rly
Co vs Normandin   re ferred to
Seth BikhrajJaipuria vs Union of India   referred to
Raza Buland Sugar Co Ltd vs Municipal Board Rampur   referred to
K Kamraj Nadar vs Kunju Thevar and Others  referred to
Subbarao vs Member Election Tribunal Hyderabad   referred to
State of UP  Others vs Babu Ram Upadhya   referred to
Ajit Singh vs State of Punjab   referred to