Open spaces for public utility can be used for health clinics under municipal laws and NHM policy, prioritizing public health needs.

ORDER

1. This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’)has been filed by Mrs. Krishna Singh alleging that there is Nirmal Palace Colony developed by M/s. Equator Construction at Khasra No. 146/1/1 admeasuring about 9000 square feet wherein there is a land designated for park as per the plan wherein Bhopal Municipal Corporation is raising construction, destroying the nature of the land as park. It is further contended that conversion of open space meant for park/public park is not permissible in view of law laid down by Supreme Court in Bangalore Medical Trust vs. B.S.Muddappa and Others, (1991) 4 SSC 54.

2. The matter was taken up by this Tribunal on 11.07.2023 and a committee consisting Collector, Bhopal and the MPPCB was constituted to submit the factual and action taken report.

3. In compliance of the order the Members of the Committee visited at the site and submitted that the Sanivani Hospital is being under construction at the planning stage under the policy of the State and duly sanctioned by the State. It is further submitted that the damaged sewer lines has been repaired by the Bhopal Municipal Corporation.

4. Notices were also issued to the Respondent/Bhopal Municipal Corporation and the State Pollution Control Board and in compliance thereof the Bhopal Municipal Corporation has submitted the reply with the facts as follows :

i. That State Government has initiated the Sanjeevini Clinics scheme as part of the National Health Mission (NHM). NHM, in coordination with Chief Medical and Health Officers CMHOs, has issued directives for the establishment of Sanjeevini Clinics. BMC which is a construction agency, under NHM’s guidance, has been hired as a contractor for the construction of these clinics. CMHO is responsible for earmarking the areas where these clinics are to be established. Once NHM designates an area, it is obligated to allocate the space to BMC for the clinic’s development.However, in the present case, it is crucial to emphasize that before development, while entering into an agreement with BMC the Builder M/s Equator had allotted the ’Open Land" in question to BMC for community facilities, which encompass the health center and other sub-divisional requirements.

ii. Consequently, taking into account the NHM’s framework and further direction of CMHO and the agreement in place, BMC embarked on the construction work with a sincere commitment, keeping the broader public interest in mind.

iii. Empahasizing the significance of universal healthcare and aligning with directives of the Health & Family Welfare Ministry, Government of India, a letter dted 08.02.2022 from the Additional Chief Secretary of the Public Health and Family Welfare Department, Government of Madhya Pradesh underscores the establishment of Health & Wellness Centres, This initiative, supported by health grants from the 15th Finance Commission for the period spanning from the financial year 2021-2022 to 2025- 2026, mandates all Municipal Corporations and Councils to enhance and construct 570 Health & Wellness Centres.Under the framework of this program, every Commissioner of Municipal Corporations and Municipal Council is designated as a Nodal Officer responsible for the oversight, management, and construction of these centers.They will operate under the 15th Finance Commission Committee, seeking technical assistance from district CMHOs for effective management and construction.

iv. a letter dated 13.04.2022 authored by the Joint Commissioner and Ex-Officio Principal Secretary of the Directorate of Urban Administration & Development, Governm