JUDGMENT :

P.K. Balasubramanyan, C.J. - O.J.C. No. 1163 of 1994 was fled in this Court challenging the illegal construction taking place in the compound of Balasore District Hospital and seeking to restrain the State of Orissa. the Director of Health Services, Orissa, the District Collector, Balasore and the Chief District Medical Officer, Balasore from constructing a market complex therein and from letting out the rooms thereof to any one.

On 26.4.1995, this Court rendered the following judgment therein.

This is a public interest litigation by a citizen of Balasore town challenging the decision of the Hospital Advisory Committee to construct a market complex inside the hospital. Pursuant to the notice issued by this Court. learned Advocate General appeared for the State and submitted that no doubt a decision had been taken by the Hospital Advisory Committee with the local M.L.A. as its Chairman to construct a market complex in the space available within the hospital premises between the Gate No. 1 and Gate No. 2 with the opening towards road side so that the Red-Cross Society will get some monetary benefit. But that decision was of a tentative nature and permission of the State Gover