Rajesh Pandurang Gamare vs State Of Maharashtra & Ors
2017 Latest Caselaw 6124 Bom

                                                                                        PIL 13-2014




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
              PUBLIC INTEREST LITIGATION NO.  13 OF 2014

Rajesh Pandurang Gamare                                                    ..  Petitioner
           V/s
State of Maharashtra & Ors.                                                ..  Respondents

Mr. Rakesh Bhatkar for the petitioner.
Mr.   A.B.   Vagyani,   Government   Pleader,   with   Mr.   P.P.   Kakade,   AGP, 
Ms. Geetanjali Golatkar, AAGP and Mr. Rohan Sawant, AAGP for the 
State. 

                                       CORAM:  DR. MANJULA CHELLUR, CJ. & 
                                                   N.M. JAMDAR, J.

                                         DATE    :  16th AUGUST 2017


P.C.:

The petitioner came to this Court in the year 2014 complaining non-functioning of the Rural Hospital since the building meant for Rural Hospital was not completed and the Medical Officer from the Primary Health Centre did not shift to the new building meant for Rural Hospital. The petitioner is seeking the following reliefs:

"(a) That this honourable High Court may be pleased to issue direction thereby directing the respondent to produce the records and proceedings of the Rural hospital constructed at Taluka Mandangad District- Ratnagiri.

ABS                                                                                           1 of 4





                                                                                           PIL 13-2014

(b) That this honourable High Court may be pleased to issue direction thereby directing the respondent to repair the constructed building and further issue directions to start the rural hospital in the constructed building as immediately as possible.

(c) That this honourable High Court may be pleased to issue direction thereby directing the government officers to issue enquiry of the responsible person, who is responsible for loss of the building constructed for rural hospital and after inquiry this Hon'ble court may be pleased to issue direction to initiate appropriate action against the responsible those are responsible for the loss of government exchequer.

(d) That this honourable High Court may be pleased to issue direction in the nature thereby directing the respondent to quash and set aside the provision and sanction of construction of new rural hospital and residence of medical officers.

(e) Pending the hearing and final disposal of the present petition this honourable High Court may be pleased to grant stay to the execution, implementation and operation of the budget issued for construction of new rural hospital, and residence at Mandangad Taluka residence which is not yet started.

           (f)    Pending the hearing and final disposal of this petition this  
                  honourable   High   Court   may   be   pleased     to   issue   direction  


ABS                                                                                              2 of 4





                                                                                         PIL 13-2014

thereby directing the respondent to repair the old constructed building if required and further issue directions to the respondent to start the rural hospital on the said building immediately."

2. The petitioner has contended that the new proposed building for Rural Hospital was damaged and neglected, therefore the Court should intervene.

3. We are in 2017. The situation is different as on today. During the last four years, the State has looked into the matter and have placed on record the material that the villagers are reluctant to go to Rural Hospital which was on the outskirts of the village, therefore they could not complete the Rural Hospital building. On the other hand, the Primary Health Centre, which is already within the vicinity of the village, was renovated and additional structures are also put up for the purpose of running a proper hospital in the rural area. The process is still on and certain repairs and other civil work have to be completed since there is a demand of minor work. Now the Primary Health Centre is going to be Rural Hospital with all the facilities in the said hospital.

4. The half constructed building meant for Rural Hospital is also not wasted since the Health Department is intending to start an Ayurvedic Unit in the said building. The said proposal is pending. If Rural Hospital is shifted to the Primary Health Centre by giving

ABS 3 of 4

PIL 13-2014

additional infrastructure and other facilities, the problem of villagers is attended to. What the State wants to do with the Rural Hospital building cannot be a subject matter of public interest litigation. It is left to the policy maker to make use of the said building for any other necessity if the situation demands.

5. With these observations, the PIL is closed.

         (N.M. JAMDAR, J.)                           CHIEF JUSTICE




ABS                                                                              4 of 4