RAMA GAIROLA Vs. STATE OF U P

JUDGEMENT

(1.) THE petition has been filed in public interest complaining that the Zila Panchayat of Pilibhit is carrying out construction of commercial shops on the land of the old District Hospital situated at Gata No.310, ad -measuring 0.636 hectare. The petitioner has averred that the old District Hospital, Pilibhit was existing on the land since 1899 -1900 which is evident from the Khatauni for 1307 fasli, which reflects the name of "Mardana Shafakhana" namely, the Mens' Hospital. The petitioner has relied upon the revenue records in support of this plea. The hospital was subsequently upgraded as a District Hospital and is stated to have been in existence for 115 years. Among the documents which have been placed to the record, is a communication dated 21 February 2005 of the District Magistrate, Pilibhit to the Executive Officer of the Nagar Palika Parishad, Pilibhit, stating that the land is reflected in the ownership of the State and that the Zila Panchayat to which the use and enjoyment of the land was granted would not be entitled to assert ownership rights on the land. It has been averred that in 2013, a budget of Rs.1.70 crores was sanctioned by the State Government for the renovation and development of the existing hospital and, accordingly, a new building was constructed under the supervision of the U.P. Rajkiya Nirman Nigam. It has been alleged that at the behest of the sixth respondent, who was the Chairperson of the Zila Panchayat, work was unauthorizedly commenced on the land for the purpose of converting it to commercial use.

(2.) A communication was addressed by the Chief Medical Officer to the Additional Chief Officer of the Zila Panchayat, stating that the land is of the ownership of the State and that it is not permissible to carry out any other activity thereon. The letter recorded that the land was under the control and management of the health department for nearly a century and that the buildings have been constructed thereon by the health department. Moreover, several activities in the interest of public welfare have been carried out from the old hospital premises. The petitioner has annexed several subsequent communications emphasizing the same position. News reports also appeared in the print media.

(3.) A counter affidavit has been filed in these proceedings on behalf of the fifth and the sixth respondents. The revenue records which are annexed to the counter affidavit indicate that plot nos. 309 and 310 are shown in the ownership of the State Government for the purposes of a Mens' Hospital. Possession of the land was stated to be of the Zila Panchayat. According to the counter affidavit filed by the fifth and the sixth respondents, the petitioner is a member of the Zila Panchayat and was present when a proposal was passed on 30 January 2014 for the construction of shops on the land. The counter affidavit indicates that on 31 October 2014, a communication was addressed by the Additional Chief Officer of the Zila Panchayat to the Principal Secretary (Panchayati Raj) in the State Government, seeking permission to auction thirty one shops situated on plot nos. 309 and 310. The letter specifically refers to a dispute between the health department, which is claiming ownership of the land and the Zila Panchayat. On 10 October 2014, the sixth respondent as a Chairperson of the Zila Panchayat also addressed a communication to the District Collector, Pilibhit, reiterating the claim of the Zila Panchayat and seeking resolution of the dispute.