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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, C.J., Rakesh Thapliyal, J.
Ashok Kumar Shah - Petitioner
Versus
State of Uttarakhand and others. - Respondents
Writ Petition (PIL) No. 77 of 2023
Decided On : 23-07-2024
Compliance - Public Interest Litigation - N/A - The court discussed the compliance with prior orders regarding land encroachment removal and subsequent development plans for a hospital, emphasizing the importance of following procedural directives in public interest matters.
Fact of the Case:
The case involved a Public Interest Litigation concerning the removal of encroachment from the land of B.D. Pandey Government Hospital and the subsequent development plans for the hospital.
Finding of the Court:
The court found that the necessary steps had been taken for the utilization and construction on the land after the encroachment was removed, and no further directions were needed.
Issues: Whether further directions were required for the development of the B.D. Pandey Government Hospital after the encroachment was removed.
Ratio Decidendi: The court held that since the compliance steps were adequately taken, no additional orders were necessary in the Public Interest Litigation.
Result: The Writ Petition (PIL) is disposed of as no further directions are required.
JUDGMENT :
Ritu Bahri, C.J.
In the order dated 21.05.2024, this Court has observed that, on 25.09.2023, Mr. C.S. Rawat, learned Chief Standing Counsel has informed this Court that encroachment has been removed from the land of B.D. Pandey Government Hospital, and the land has been handed over to the B.D. Pandey Government Hospital. Thereafter, a direction was given to the State Government to place before this Court a development plan in compliance of the order dated 25.09.2023.
2. The respondents have filed the compliance affidavit dated 24.06.2024 by Dr. Tarun Kumar Tamta, Principal Medical Superintendent, B.D. Pandey Hospital, Nainital. In this compliance affidavit, it is stated that the land was given to the hospital, as per the directions given by the Director General, Medical Health and Family Welfare, Uttarakhand vide letter dated 02.12.2023 – Annexure No. 2. Thereafter, respondent no. 3 - Principal Medical Superintendent, B.D. Pandey Hospital, Nainital sent a letter dated 08.12.2023 – Annexure No. 3 to the Junior Engineer & Assistant Engineer to conduct a Joint Site Inspection of the land, and give estimate/ detailed project report to the office of respondent no. 3. Thereafter, vide letter dated 02.02.2024 – Annexure No. 5, the estimate/ detailed project report of Rs. 913.77 lakh was submitted for the fortification work of the B.D. Pandey District Hospital Nainital (which includes the construction work of the medicine store room, boundary wall of the campus, residential buildings of Class IV employees and transit hostel) to the office of respondent no. 3. Thereafter, vide letter dated 05.02.2024 – Annexure No. 6, copies of the estimate/ detailed project report was forwarded to the office of the Director General, Medical Health and Family Welfare, Uttarakhand. The office of the Director General, Medical Health and Family Welfare, vide letter dated 24.04.2024 approved the following development works for the B.D. Pandey District Hospital, Nainital :
Rs. 641.6 in FY 2025-26
1- Rs. 588.68 lakhs for the construction of 04 type IV Quarters, Transit hostel for 12 medical officers, medicine store and parking at B.D. Pandey Hospital, Nainital with an area of construction of 15863 sq ft including furniture. [for the aforesaid construction work Rs. 200.00 lakhs to be released as a first installment for FY 2024-25 and Rs. 388.6 lakhs to be released as final installment for the FY 2025-26].
2- Rs. 247.57 lakhs for the establishment of Cardiac Care Unit (to be construction in an area of 2418 sq. ft.) and OPD Block (to be construction in an area of 4691 sq. ft.) at B.D. Hospital Nainital. [for the aforesaid construction work Rs. 150 lakhs to be released in the FY 2024-25 and Rs. 97 lakhs for FY 2025-26 is recommended for release].”
3. Thereafter, letter dated 25.04.2024 – Annexure No. 7 and letter dated 03.05.2024 – Annexure No. 8 was sent to the Director General, Medical Health and Family Welfare, Uttarakhand for selection of construction unit in that regard.
4. Since correct steps have already been taken for utilization and construction on the land, which was handed over to the hospital after removing the encroachment, no further directions are required to be given in this Public Interest Litigation.
5. With the aforesaid observations, the present Writ Petition (PIL) is disposed of. 6. Pending application(s), if any, also stand disposed of accordingly.
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