The High Court disposed of a PIL challenging a hospital's registration under objectionable names and alleged violations of building norms, rejecting judicial intervention in favor of the statutory remedy provided under the Municipal Corporation Act, 1956, citing the availability of an appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON’BLE SHRI JUSTICE MANINDER S BHATTI ON THE 7th OF MARCH, 2022 WRIT PETITION No.5260 of 2022
Between:-
1. SEEMA AHIRWAL W/O SHRI PRAMOD AHIRWAL OCCUPATION: ADVOCATE, R/O F 40, SIGMA CITY, OPPOSITE PAWAN KUTI MANDIR, NEAR TOLL NAKA, MANDALA ROAD, JABALPUR M.P. (MADHYA PRADESH)
2. RISHIKESH SARAF S/O SHRI LAXMAN SARAF OCCUPATION: REGIONAL TREASURER OF SHRAMJIVI PATRAKAR SANGHTAN, R/O 448 SARAFA BARD SATHIYAKUA JABALPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI PARITOSH GUPTA, ADVOCATE)
AND
1. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI (DELHI)
2. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. DIRECTOR PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT, SATPURA BHAWAN BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)
4. TOWN AND COUNTRY PLANNING JABALPUR THROUGH ITS JOINT DIRECTOR, DISTRICT JABALPUR (MADHYA PRADESH)
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5. JILA PANCHAYAT THROUGH ITS CEO DISTRICT JABALPUR (MADHYA PRADESH)
6. MUNICIPAL CORPORATION THROUGH COMMISSIONER DISTRICT- JABALPUR, (MADHYA PRADESH)
7. CHIEF MEDICAL AND HEALTH OFFICER JABALPUR VICTORIA HOSPITAL JABALPUR M.P. (MADHYA PRADESH)
8. M/S AYUSHMAN BHARAT HOSPITAL THROUGH ITS DIRECTOR H.NO. 78 ADJACENT OF HYUNDAI SHOWROOM KARMETA MAHARAJPUR TEHSIL ADHARTAL JABALPUR M.P. (MADHYA PRADESH)
9. RANJANA AGRAWAL D/O SHRI SATYA NARAYAN PRASAD AGRAWAL OCCUPATION: NIL R/O 1292 NEAR PARAS CHANDINI HOTEL, MANAS BHAWAN CHOWK JABALPUR M.P. (MADHYA PRADESH)
10. SMT. GEETA CHOUBEY W/O SHREE RAJU CHOUBEY OCCUPATION: THEN SARPANCH GRAM PANCHAYAT KARMETA R/O KARMETA PATAN ROAD BYPASS JABALPUR M.P. (MADHYA PRADESH)
11. SHRI AAKASH CHOUBEY THEN GRAM PANCHAYAT SECRETARY GRAM PANCHAYAT KARMETA R/O KARMETA PATAN ROAD BYPASS JABALPUR M.P. (MADHYA PRADESH)
.....RESPONDENTS
(MUNICIPAL CORPORATION BY SHRI H.S. RUPRAH, ADVOCATE) (STATE BY SHRI SWAPNIL GANGULY, DEPUTY A.G.)
This petition coming on for Admission this day, SHEEL NAGU, J. passed the following:
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ORDER
In the instant petition filed under Article 226 of the Constitution, which is captioned as Public Interest Litigation filed by two persons claiming themselves to be public spirited individuals following prayer is made:
(ii) That, this Hon’ble Court may kindly be pleased to direct the respondent No.1 to take action against respondent No.7, 8 and 9 as per Section 5 of Indian Emblems and Names Act, 1950 for giving registration of Hospital in the name of Ayushman Bharat which is contrary to Sec.3 and 4 r/w Clause 7 of Schedule of the Act, 1950.
(iii) That, the Hon’ble Court may be pleased to direct the respondent No.2 to conduct an enquiry in the entire matter and take action as per law in the matter of granting permission/licence to respondent No.8 Hospital by the Chief Medical and Health Officer, Jabalpur illegally in the absence of Building Completion Certificate, Permanent Fire NOC, prescribed parking space, minimum open space of 3.6 meters for fire engine movement around the building and in the presence of illegal encroachment over the public
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road as there are contravention of Sec.4(4)(F) of Act 1973, Rule 17(1) of Rule 1997 and Circular dated 06/08/2021.
(iv) Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case may also kindly be granted.
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“49. The concept of public interest litigation is a phenomenon which is evolved to bring justice to the reach of people who are handicapped by ignorance, indigence, illiteracy and other downtrodden people. Through the public interest litigation, the cause of several people who are not able to approach the Court is espoused. In the guise of public interest litigation, we are coming across several cases where it is exploited for the benefit of certain individuals. The courts have to be very cautious and careful while entertaining public interest litigation. The judiciary should deal with the misuse of public interest litigation with iron hand. If the public interest litigation is permitted to be misused the very purpose for which it is conceived, namely, to come to the rescue of the poor downtrodden will be defeated. The courts should discourage the unjustified litigants at the initial stage itself and the person who misuses the forum should be made accountable for it. In the realm of public interest litigation, the courts while protecting the larger public interest involved, should at the same time have to look at the effective way in which the relief can be granted to the people whose rights are adversely affected or are at stake. When their interest can be protected and the controversy or the dispute can be adjudicated by a mechanism created under a particular statute, the parties should be relegated to the appropriate forum instead of entertaining the writ . petition filed as public interest litigation
Similar view is taken by Apex Court in Jafar Imam Naqvi vs. Election Commission of India reported in (2014) 15 SCC 420 .
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(SHEEL NAGU) (MANINDER S BHATTI) JUDGE JUDGE
mohsin
Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2022.03.10 15:45:43 +05'30'
3 issues framed by the court
Whether the High Court should entertain a PIL regarding alleged violations of building norms and emblems by a hospital.
Whether the楞 petitioners are required to approach the appropriate statutory forum instead of filing a writ petition.
Whether interference is justified when an alternative statutory remedy is available and unavailed.
Colour shows how this judgement treated each authority
Jaipur Shahar Hindu Vikas Samiti Vs. State of Rajasthan & OthersReferred¶44
(2014) 5 SCC 530 · Who else cites this
Jafar Imam Naqvi vs. Election Commission of IndiaReferred¶46
(2014) 15 SCC 420 · Who else cites this
6 provisions across 3 enactments
Seema Ahirwal
Rishikesh Saraf
Union of India
State of Madhya Pradesh
Director Public Health and Family Welfare
Town and Country Planning Jabalpur
Sheel Nagu
Maninder S Bhatti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
