The Court affirmed that decisions regarding the construction site for public health facilities lie within the Executive's jurisdiction, requiring minimal judicial intervention unless malafides are shown.

Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(i) That the respondents may kindly be directed to construct H the building of Health Sub Centre Badi Sarhi at village Bahi over the land comprised in Khata-Khatauni No. 61/126 Min, area measuring 6 Biswa situated at Mohal Bahi, Sub Tehsil Pangna, district Mani, H.P. donated by the petitioner in a time bound manner in the interest of justice.”

2. Brief facts necessary for the adjudication of this petition are that the petitioner is stated to have donated land for the purpose of construction of a Health Sub Centre at village Bahi, Tehsil Karsog,

1 Whether reporters of the local papers may be allowed to see the judgment?

district Mandi, H.P. The land was donated vide gift deed dated 26.02.2010. As the respondents were not coming up with construction of the Health Sub Centre on the land donated by the petitioner, the petitioner filed CWP No. 3177 of 2024, titled as Kalasu vs. State of H.P. and oth ers, which was decided by this Court on 09.05.2024, in the following terms:-

“4. Though, having regard to the nature of prayer made in the instant petition, coupled with the fact that it is the exclusive domain of the Executive to take decision with regard to setting up of Health Centre, prima facie, this Court is of the view that petition is not maintainable, rather, appropriate remedy, if any, is to represent the department concerned, however, having taken note of the fact that before i filing the petition at hand, petitioner as well as respondent No.5 i.e. Pradhan, Gram Panchayat, Bahi-Sarhi, Tehsil Karsog, District Mandi, H.P., had represented District Medical Officer, Mandi vide representation dated 28.07.2023 (Annexure P-10) and 09.08.2023, this Court deems it fit to dispose of the present petition with the direction to the District Medical Officer as well as Block Medical Officer, District Mandi, to look into the matter and ensure that land donated by petitioner herein is used for the purpose, it was donated. Ordered accordingly.”

3. The petitioner is now aggrieved by order dated 28.04.2025 (Annexure P-14) in terms whereof it has been decided by the Authorities that the land that was donated by the petitioner is not suitable for the construction of the Health Sub Centre as the same is 10-15 metres away from the road and the same is to be constructed on the land donated at village Sarhi, which is on the road.

4. Learnedo Counsel for the petitioner has submitted that after the earlier order was passed by this Court in the petition filed by the petitioner, with a malafide intent, now the impugned order has bheen passed that too after contempt proceedings were initiated, without appreciating that it was in the larger interest of the residents of the area, had the Health Sub Centre been constructed on the land donated by the petitioner. He also submitted that the petitioner was not associated by the Authorities, in terms of the earlier order passed by this Court, in the course of the inspection of the site and passing of the impugned order. Accordingly, he submitted that the impugned order does not address the public cause because if the Health Sub Centre is constructed at the proposed site, it will not be beneficial for the larger public of the area. Accordingly, he prayed that the petition be allowed and the respondents be directed to construct the Health Sub Centre on the land gifted by the petitioner at village Bahi.

5. On the other hand, learned Additional Advocate General has drawn the attention of the Court to the impugned order and submitted that in terms of the direction passed by this Court in the earlier petition filed by the petit ioner, the Chief Medical Officer constituted a Committee and in the said Committee, various officers and officials were associated, so was the Pradhan of the Gram Panchayat, Bahi Sarohi, Smt. Kamlesh Kumari, as well as son of the petitioner Sh. Yog Raj and other persons and after