Sabir Ali Son Of Shri Usman Ali vs State Of Rajasthan
2022 Latest Caselaw 5917 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               D.B. Civil Writ (PIL) Petition No. 12367/2021

   1.     Sabir Ali Son Of Shri Usman Ali, Aged About 49 Years,
          Resident Of 233, Rana Colony, Krishna Marg, Nahari Ka
          Naka,     Shastri       Nagar,        Jaipur       (Raj.)      (Adhar    No.
          317264953577, Bank Account Number 35468100004734
          And Pan Number Not Available, Mo. 9314903822)
   2.     Mustkeen Son Of Shri Munna Khan, Aged About 44 Years,
          Resident Of B-143, Painter Colony, Krishna Marg, Nahari
          Ka    Naka,    Shastri      Nagar,       Jaipur      (Raj.)    (Adhar    No.
          505839621721, Bank Account Number 35468100003441
          And Pan Number Not Available)
                                                                        ----Petitioners
                                       Versus
   1.     State Of Rajasthan, Through Its Chief Secretary, Govt. Of
          Rajasthan, Govt. Secretariat, Jaipur (Raj.)
   2.     District Collector, Jaipur, District Jaipur (Raj.)
   3.     Executive Engineer, Medical And Health Division First,
          Jaipur, C-Block, Basement, Swasthya Bhawan, Tilak Marg,
          C-Scheme, Jaipur- 302005.
   4.     Commissioner, Nagar Nigam Heritage, Jaipur, City Jaipur.
   5.     Dy. Commissioner Of Police, Jaipur City North, Jaipur
          (Raj.)
                                                                    ----Respondents

For Petitioner(s) : Mr. Vikash Kumar Jakhar, Advocate For Respondent(s) : Mr. S.S. Raghav, Additional Advocate General

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment

26/08/2022

This PIL has been filed by the petitioners seeking Court's

intervention against proposed construction of Urban Primary

(2 of 3) [CW-12367/2021]

Health Center (UPHC) at Ward No. 78, near Bairwa Basti, new

Ward No. 55, Painter Colony, Jaipur.

Referring to the averments made in the writ petition, learned

counsel appearing for the petitioners would contend that the

respondents had earlier proposed construction of UPHC on the

Government land comprised in Ward No.78, but later on, with

ulterior motive, the location has been changed and now the UPHC

has been proposed to be constructed on the land of Ward No.79

(new Ward No.55). He would submit that the land where the UPHC

is proposed to be established is being developed as a public park

and number of trees are also standing. If the respondents are

allowed to construct the UPHC, it will affect the park area and also

the greenery would be adversely affected due to cutting of trees

as a result of construction of UPHC.

Learned counsel for the respondents, on the other hand,

would submit that though earlier it was proposed to construct

UPHC on Ward No.78, due to delimitation of constituencies, earlier

Ward No.78 now falls within another assembly constituency. The

land which is now proposed falls in Ward No. 79 (new Ward No.55)

of Kishanpole. He would submit that as far as allegation that the

area has been recorded as public park, the land though is

Government land, but not recorded as public park. He would

further submit that permission of the Collector has been granted

for cutting of only few trees on condition of planting trees which

will be strictly followed. According to learned counsel for the State

there is need for establishing clinic for providing medical facilities

to the residents of the area which is no less important public

interest.

(3 of 3) [CW-12367/2021]

After hearing learned counsel for the parties, we find that the

proposal of the respondents is to establish a urban primary health

center, is also an essential requirement for providing health

services to the public. Moreover, it appears that the only a part of

the land is proposed to be used for construction of urban primary

health center. Permission has been granted by the Collector to cut

only five trees on various conditions which have been also placed

on record along with the reply. The total area comprised in the

proposed construction of urban primary health center is

approximately 18 meter x 14 meter.

Therefore, considering that the proposal of the respondents

is to construct an urban public health center, which is necessary

for providing the health services to the residents of the area, we

are not inclined to interfere with the decision of the respondents.

Accordingly, the petition is dismissed.

Before parting with the case, we shall observe that except

five trees, which have already been cut, the other trees, which are

standing in the surrounding area, shall not be disturbed and the

area which remains shall be duly developed as a park.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Mohita /38

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