The main legal point established is the deference to the policy decision of the State Government in selecting the location for the District Hospital, considering the public interest and compliance with IPHS Norms, 2022.

ORDER :

The petitioners being the residents of Pipar City have approached this Court through this writ petition under Article 226 of the Constitution of India styling it to be a public interest litigation for assailing the decision taken by the respondent Medical and Health Department to establish the District Hospital, Pipar upon the land acquired from the Krishi Upaj Mandi Samiti (‘KUMS’). The petitioners demand that the District Hospital should be constructed in the premises of the existing Community Health Centre, Pipar.

2. The petitioners allege that the Community Health Centre, Pipar is located at a very convenient location inside the city and is well suited to the needs of 60,000 (odd) residents of Pipar City. The newly proposed District Hospital sanctioned to be constructed on the land acquired from KUMS, would be at a significant distance from the Pipar town and thus, the local residents would face grave inconvenience in case, the hospital is constructed at the newly identified location. It is further submitted that as per the prescribed norms for construction of a District Hospital, 40,000 square meters land is required whereas, the land acquired from the Krishi Upaj Mandi Samiti admeasures only around 20,000 square meters i.e., 12 bighas. It has also been submitted that the existing Community Health Centre is built on around seven and half bighas of land and Nagar Palika, Pipar has allotted another chunk of four and half bighas of land which is nearby the existing CHC and thus, the District Level Hospital can be built by demolishing the existing Community Health Centre which would not only save valuable money spent for acquiring fresh land from the Krishi Upaj Mandi Samiti but would also prove useful to the entire population of Pipar City.

3. Shri Vinay Jain, learned counsel representing the petitioners advanced the above submissions to fortify the grounds averred in the writ petition. In addition thereto, it was his fervent contention that over a period of time, philanthropists from Pipar city have made significant contributions for development of the community health and thus, if the District Level Hospital is constructed at a different location, then the existing facilities would be rendered waste. Shri Jain further submitted that the approval to construct the District Level Hospital on the land acquired from KUMS has been taken under pressure of certain persons whose lands are located in the vicinity of KUMS. He also urged that from the allotted land, a significant area would be reduced because some part of land allotted for construction of hospital significant land is likely to be acquired for construction of the Mega Highway. On these grounds, he implored the Court to accept the instant writ petition in the terms prayed for.

4. The respondents have filed reply to the writ petition wherein the grounds of challenge laid by the petitioners have been controverted. It is submitted in the reply that there is no additional land available near the existing Government Hospital, Pipar which is a basic facility. The allegations levelled by the petitioners that location in question has been selected to benefit certain blue-eyed persons have been emphatically denied. Reliance in the reply is placed upon the factual report dated 14.01.2022 forwarded by CMHO, Jodhpur, a perusal whereof would indicate that Senior Architect, Medical and Health Services, Jaipur inspected the premises of the existing hospital and gave a pertinent opinion that the construction of the District Level Hospital would not be feasible in these premises as per the Indian Public Health Standards (‘IPHS’) Norms, 2022. It is also noted in the report that there is no scope for acquiring additional land near the CHC Pipar.

5. Shri Rajat Arora, Advocate appearing for the State Authorities urged that it is true that the land which has been presently allotted for the construction of the District Level Hospital is not in consonance with the IPHS Norms, 2022 which req