MANINDRA MOHAN SHRIVASTAVA, MADAN GOPAL VYAS
Hardeep Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Heard on application filed by the respondent-State for vacating the interim order passed by this Court.
2. Learned Advocate General appearing for the State would argue that in the present case, as the use of the land is being converted from one public purpose to other public purpose, no public interest is involved in this petition and only on this ground, the petition is liable to be dismissed. He would next submit that as far as original allotment of 14 hectares of land in the year 1978 at Rajgarh is concerned, at that time, in the peculiar facts and background as stated in the reply, wherein it was proposed to raise All India Institute of Medical Sciences, that huge land was proposed. However later on, AIIMS. could not be established and the donor expressed willingness to surrender his private hospital with a request to the State Government to run the same. Therefore, the State acquired the hospital and a Community Health Center was established, for which there is no requirement of huge piece of land. Referring to the averments made in the reply, it has been submitted that as per the standard norms relating to establishment of Community Health Center, which is not the D
Janhit Manch and Anr. vs. State of Maharashtra and Ors. (2019) 2 SCC 505)
State of Jharkhand and Ors. vs. Pakur Jagran Manch and Ors. (2011) 2 SCC 591)
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
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