Vacant Abadi Land Can't Be Used For Panchayat Bhawan Construction At The Cost Of Public Utility Buildings: Allahabad HC

A bench of Justice Saurabh Shyam Shamshery observed thus while dealing with a suo moto matter concerning the restoration of a community health centre in Village Panchayat Alauddinpur, Block and Tehsil Mohammadabad Gohna, District Mau.

The case involved the partial demolition of a dilapidated building, initially constructed in 1987 as a Community Health Centre/Jaccha Baccha Kendra for the concerned Village Panchayat.

The building had been unused for the past eight years and had been partially demolished to make way for the construction of a Panchayat Bhawan.

The Tehsildar concerned apprised the bench that the decision to partially demolish CHC was taken as a reserved place for construction of Panchayat Bhawan was not sufficient in terms of the minimum required area for said construction. Therefore, part of the land in question (where CHC is located) was proposed for construction of Panchayat Bhawan.

He, however, did not dispute the fact that if the Community Health Center/ Jaccha Baccha Kendra is renovated, it will further facilitate medical care for villagers, i.e., pregnant women.

Further, the court-appointed amicus submitted a report stating that the Jaccha Baccha Kendra building was dilapidated due to authorities' neglect, including a lack of proper maintenance, such as timely whitewashing and painting.

The report also stated that the poor sanitation and waterlogging during the rainy season contributed to the building's decline and the authorities failed to report or request funds for repairs..

In the report, it was also stated that the villagers, who had to travel 7-10 kilometres for healthcare, expressed strong interest in having the Kendra reconstructed and restored.

Considering the report of the amicus and criticising the earlier and present Pradhans in not taking any steps for renovation of Community Health Center/ Jaccha Baccha Kendra, the Court disposed of the PIL plea with the following directions:

(a) Health Department of State will take steps for renovation of building, which is in dilapidated condition and was earlier used as Community Health Center/ Jaccha Baccha Kendra, if it's utility still exist, i.e., even after existence of Health and Wellness Center and for that a comprehensive study be undertaken by District Magistrate, Mau and Chief Medical Officer, Maum which also includes suggestion of villagers. This exercise shall be completed within four weeks from today and appropriate decision thereon be taken within two weeks thereafter.

(b) The construction of Panchayat Bhawan shall not cause any hindrance for ingress or outgress of the area on which the present building of Community Health Center/ Jaccha Baccha Kendra is situated and if necessary modification may be made in the map of construction of Panchayat Bhawan.

(c) Further construction of Panchayat Bhawan shall be commenced only after District Magistrate, Mau and Chief Medical Officer, Mau will give its report, i.e., there will be no construction of Panchayat Bhawan for atleast six weeks from today.

(d) The authorities/ concerned Panchayat will take further action on the basis of the report.

With this, the PIL was disposed of.

Pawan Kumar Singh (Amicus Curiae) and Jaideep Kumar Singh (Court Commissioner) assisted the court.

Case title - In Re: Restoration Of Community Health Centre vs. State Of UP And 7 Others

Citation :

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