The Delhi government informed the Supreme Court that Indraprastha Apollo Hospital treated only 9-10% of economically weaker section (EWS) outpatients over the past five years, far below the 40% required under its lease. The hospital’s compliance with free treatment obligations remains under scrutiny.
New Delhi: The Delhi government on Wednesday informed the Supreme Court that Indraprastha Apollo Hospital, one of the leading private hospitals in Delhi, has attended only 9-10 percent of outpatients and 7-9 percent of inpatients belonging to economically weaker sections (EWS) over the last five years, in clear violation of its lease agreement.
The hospital, run by Indraprastha Medical Corporation Limited (IMCL), was legally required to provide medical treatment to 40 percent of outpatients and 33 percent of inpatients from the EWS category.
A bench of Justices Surya Kant and Joymalya Bagchi recorded the affidavit filed by Vatsala Aggarwal, Director General of the Directorate of Health Services, Delhi government.
The Delhi government stated in the affidavit,
“The hospital was obliged to look after the EWS patients to the extent of 40 per cent outpatients and 33 per cent inpatients. However, as per scrutiny, only 9-10 per cent patients in OPD and 7-9 per cent in IPD of the total patients are attended over the last 5 years for which the records were scrutinized.”
The top court posted the matter for further hearing in the second week of December and directed the Apollo Hospital to file its response.
This comes during the hearing of a special leave petition (SLP) filed by IMCL challenging the September 22, 2009 order of the Delhi High Court, which had ruled that the hospital administration violated the lease agreement by failing to provide free treatment to poor patients.
The high court had issued the order following a plea by the All India Lawyers’ Union (Delhi Unit), represented by advocate Ashok Agrawal, stating that the hospital had flouted the lease condition to provide free treatment to indoor and outdoor poor patients “with impunity.”
At the outset, Additional Solicitor General SD Sanjay informed the apex court that the expert committee constituted under previous court orders had visited the hospital and submitted its findings.
The Delhi government further stated that pursuant to the March 25 order of the court, an expert committee was formed in consultation with the Union Ministry of Health & Family Welfare to examine and provide a joint report detailing how Apollo Hospital complied with its obligations under the lease agreement.
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The affidavit added that the expert panel, consisting of four members, was constituted on April 25, 2025, and visited the hospital on three occasions – May 30, 2025, and June 10-16, 2025 – to assess and verify records on-site.
The affidavit stated,
“The team visited the Hospital on three occasions May 30, 2025, June 10-16, 2025. The expert committee held its meeting on various occasions and it also sought data regarding the EWS patients from the Apollo Hospital and the same was verified through the EWS,”
The Delhi government also highlighted that the treatment of EWS and poor patients was not being provided entirely free of cost.
It said,
“All these patients are being charged for all the medicines & consumables on actual cost basis or they are asked to procure the medicines from outside. Patients are also charged with 20 percent of the cost of all consumables used in diagnostic service,”
The affidavit further revealed that the lease for the hospital land expired on July 31, 2023, during the pendency of the hospital’s SLP against the Delhi High Court order, and the lease had not been renewed before its expiry. The hospital had submitted a proposal on May 9, 2025, to renew the lease for another 30 years.
The Delhi government informed the Supreme Court,
“The aspect of lease deed renewal will be examined in totality, after reviewing the fulfillment of the obligations of the company, especially in respect of EWS patients and in terms of lease deed between the Delhi Government and IMCL (JV between Delhi Government and Apollo Hospital Ltd.) and findings of Aggarwal Committee. In this connection, it is important to mention that the question of grant of extent of free treatment raised by the petitioner in this SLP is still under consideration of this court. After examining all these aspects, the proposal would be submitted to the competent authority for final decision.”
The affidavit also noted that the Union Health Ministry issued an office memorandum stating that the issue does not fall under its purview and that the Ministry of Housing and Urban Affairs, Delhi Development Authority, and GNCTD were requested to take appropriate action.
On March 25, the Supreme Court had warned that if poor patients are not provided free treatment at Indraprastha Apollo Hospital, it may direct the All India Institute of Medical Sciences (AIIMS) to take over the facility.
The court had taken serious note of the alleged violation of the lease agreement, which mandated free medical services for one-third of indoor poor patients and 40 percent of outdoor patients.
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The apex court had observed that the hospital, built by the Apollo Group on a 15-acre land in a prime area of Delhi and leased at a symbolic rate of Rs 1, was supposed to operate on a ‘no profit and no loss’ basis.
However, it has become a commercial venture where treatment is largely unaffordable for poor patients.
The Delhi High Court, on September 22, 2009, had directed the hospital administration to provide one-third of free beds, amounting to 200 beds with adequate space and necessary facilities for indoor patients.
The court also required the hospital to make arrangements for free facilities to 40 percent of outdoor patients.
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