The High Court dismissed the PIL petition challenging the site selection for a Primary Health Center. The court held it as a matter for executive officers and declined to presume malafide intent or procedural impropriety based on the land transaction timing.
The petition stands dismissed; leave granted for representation or hearing as per law.
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.
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DBCWP NO.12194/2013 [HANUMAN VS. STATE]
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D.B.CIVIL WRIT PETITION [P.I.L.] NO.12194/2013 [HANUMAN RAM VS. STATE OF RAJ. & ORS.]
Date of Order :: 14th February 2014
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Mr.R.S. Saluja for the petitioner.
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After having heard learned counsel for the petitioner and having perused the material placed on record, we are not persuaded to entertain this matter as a Public Interest Litigation.
The petitioner seeks to question the proposed setting-up of the Primary Health Center (‘PHC’) for Gram Panchayat Ratau at the land comprised in Khasra Nos. 939, 939/1815, 939/1816 and 940. The grievance, in essence, is to the effect that the Primary Health Center is sought to be established at a place much away from the existing place of Sub-Health Center and much away from the abadi area. It is also sought to be submitted that this setting up of PHC at the place in question would only be exending unfair advantage to the respondents No.5 and 6, who entered into a transaction for purchasing the land by way of sale deed only after the sanction was issued on 08.07.2013 for such setting up of PHC and then, surrendered a part of it for the purpose.
In our view, as to where the Primary Health Center or any other public related amenity/service centre is to be established, remains essentially a matter for the consideration of concerned
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DBCWP NO.12194/2013 [HANUMAN VS. STATE]
executive officers. Merely for the reason that the Primary Health Center is sought to be established at a place which is said to be nearly 1 Km. from the abadi, it cannot ipso facto be presumed that all the requirements have not been taken into consideration by the authorities concerned. If the authorities found that the requirements were being fulfilled by the land offered by the private respondents, the offer cannot be termed as malafide or of ill-intent merely for the land having been transacted after grant of sanction for establishment of Primary Health Center.
However, we wish to make it clear that we are not pronouncing finally on any of the aspects sought to be suggested by the petitioner and leave it open for him to take recourse of appropriate proceeding in accordance with law including that of making a specific representation stating his view point for the consideration of the authorities concerned or to seek hearing on the representation already made.
Subject to the observations foregoing, this petition stands dismissed.
[BANWARI LAL SHARMA],J. [DINESH MAHESHWARI],J.
mamta
3 issues framed by the court
Whether the petition can be entertained as a Public Interest Litigation regarding the site selection of a Primary Health Center.
Whether the setting up of a Primary Health Center at a distance from the abadi area amounts to malafide intent.
Whether the land transaction entered into after sanction issuance indicates an unfair advantage to the respondents.
HANUMAN RAM
STATE OF RAJ. & ORS.
DINESH MAHESHWARI
BANWARI LAL SHARMA
As recorded by the court registry
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