Court emphasizes administrative fairness while dismissing residents' plea for relocating health facility
In a significant ruling, the Jammu and Kashmir High Court has dismissed a petition filed by the residents of Seenthakran, Udhampur, who sought to relocate a proposed Health Sub Centre from Ward No.05 to Ward No.07. The court, presided by Justice Moksha Khajuria Kazmi, emphasized the principle of administrative fairness in decision-making while upholding the authority's right to determine the location of public amenities.
The residents, represented by Advocates Rahil Raja and Amit Bhardwaj, argued that the proposed location in Ward No.05 is inconvenient for the majority of the village's population and suggested Ward No.07 as a more central and accessible location. The Health Sub Centre, currently operating from a rented facility in Ward No.05, was to be upgraded with a new building funded by the government.
The court acknowledged that while the competent authority has exclusive jurisdiction over the location of government amenities, it must consider representations from affected residents before finalizing such decisions. It was highlighted that the authority must account for the convenience and broader benefits to the community while making these infrastructural decisions.
In its order, the High Court directed the respondents, including officials from the Union Territory of Jammu and Kashmir, to address the residents' representation within two weeks. The court mandated a decision be made with a speaking order, ensuring that the residents' concerns are genuinely considered, although it reiterated that the final decision rests with the authorities.
The case references a previous judgment in "Mohd. Akter v. State of J&K," reinforcing the stance that the competent authority holds the discretion over the location of government facilities. The ruling underscores the importance of balancing administrative authority with fairness to the affected populace.
Bottom Line:
Competent authority has the exclusive domain to decide the location of government amenities, including Health Sub Centres. However, principles of administrative fairness demand that representations or objections from affected residents must be genuinely considered before finalizing such decisions.
Statutory provision(s): Article 226 of the Constitution of India
