Madhya Pradesh High Court overrules government order for ensuring oxygen stock

BHOPAL: The Madhya Pradesh High Court has directed a Mumbai-based private company to ensure uninterrupted supply of liquid medical oxygen to MP despite the Maharashtra government’s recent circular that 80% oxygen stocks be used only for hospitals within the state itself.

Hearing a petition filed by Indore’s MY Hospital which sought uninterrupted supply of oxygen, the court granted interim relief to the petitioner on Wednesday.

“This court keeping in view the totality of the facts and circumstances of the case is of the opinion that the learned counsel for the petitioner MY Hospital has been able to make out a prima facie case for grant of interim relief.

By way of interim relief, the Inox Air Products Pvt. Ltd is directed to continue supply of liquid medical oxygen to Madhya Pradesh, including the petitioner hospital, without being influenced by the Maharashtra government’s September 7 circular, meaning thereby, the supply of liquid medical oxygen to the State of Madhya Pradesh be done by the private company uninterruptedly, until further orders,” the court said.

The counsels of the MY Hospital stated that even the Centre has shown great concern in respect of the circular issued by Maharashtra.

They drew the court’s attention towards the September 10 letter addressed by the Centre advising all the states to continue the existing oxygen supply under agreements with a legal obligation to fulfil such agreements.

MP is importing liquid medical oxygen from Maharashtra, Gujarat and Chhattisgarh, the petitioner said. About 100 tonnes per day is required while hospitals need 270 - 280 tonnes of liquid medical oxygen per day keeping in view the rise in the number of Covid patients, it said.