Health Centre's Location Essentially Issue Of Executive Policy: Patna High Court Dismisses PIL For Additional PHC On Land Identified By Gram Sabha

While dismissing a PIL seeking a direction for construction of the Additional Primary Health Centre at village Nerthua under Nerthua Panchayat on the land selected by the Gram Sabha, the Patna High Court said that a decision as to where a healthcare centre should be located is essentially an issue of executive policy and the court cannot interfere with it.

The petitioners had argued that a land admeasuring 2 acres and 34 decimal was available at a place which is nearest to the Railway Station and National Highway, however, they are under an apprehension that under pressure of superior authorities arising out of political influence, the Circle Officer has submitted a proposal of a different plot for construction of the Primary Health Centre.

A bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad held,

“The petitioners have not brought any material on record to show that proximity to the railway station or highway is preferred for establishment of the Health Centre. Where the same is required to be located is essentially an issue of executive policy involving the local self government so as to provide convenient access of healthcare facilities to the intended beneficiaries. Because some land is said to have been approved by an earlier Gram Sabha, cannot be accepted as being the final word based on which directions can be issued for construction of the Health Centre at that very place.”

While noting that the petitioners had not raised an issue of proposed shifting of the site for Health Centre, being likely to cause any inconvenience or hardship to the intended beneficiaries, the bench dismissed the petition stating, “this Court is not inclined to proceed further with the issue as a public interest litigation.”

Case Title: Munilal Yadav & Ors. vs. State of Bihar & Ors. CWJC No. 4296 of 2023

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