BIJITA SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this writ petition, the only question this Court is called upon to decide is whether in the undisputed facts and circumstances of this case, a writ Court can direct the State Government to construct and establish a District hospital in a particular location by invoking the doctrine of Promissory Estoppel.

(2.) The factual position being almost undisputed, the controversy in the present proceeding lies in a narrow compass. Fifteen petitioners herein are either residents of Chandrapur village or have lands in that village and they like other people of the village are very much keen to have the District hospital of South Tripura district established in that village. They have filed the writ petition for lawful demand and legal interest of general public of their locality as claimed in para 2 of the said petition. It is their contention that in the year 1988, Sri Kashiram Reang, the then Minister of Health & Family Welfare had taken a decision to establish the South Tripura district hospital at Chandrapur and on the basis of that decision, the petitioners and other villagers dornated by registered gift deed certain lands for that purpose. The total lands including the lands donated/selected for the purpose measured 80 kanis. The villagers developed the lands and the State respondents constructed an approach road. The lands had the facility of electric supply line nearby. The plan and sketch map were prepared by the architect and the Union oi India conveyed its approval to the proposal. In 1989, the Chief Minister of the State laid the foundation stone and in 1992, the State Government accorded administrative approval for an amount of Rs. 2,34,42,000/- for construction of staff quarters for the said hospital. The Public Works Department invited tenders for construction ol the said staff quarters in 1992. Thereafter, for a long period of six years nothing more was done and in the year 1998 when Shri Keshab Majumder was the Health Minister of the State, an initiative was taken to shift the venue from Chandrapur to Dhawjanagar. The petitioners alleged that this decision to shift the site of the district hospital was in violation of the express promise of the State respondents to the petitioners and others who had donated the land for the purpose of establishing the South Tripura District hospital at Chandrapur village and thus the doctrine of promissory estoppel strongly applies against the attempt to shift the site. That apart, further contention is that the decision to shift the site amounts to violation of Articles 14, 21 and 300-A of the Constitution. By this writ petition, the petitioners have sought a direction to the respondent Nos. 1 to 5 to construct the District hospital and staff quarters at Chandrapur village in the interest of justice.

(3.) The State respondents contesting the claims of the writ petitioners contended, inter alia, in the joint counter-affidavit that the decision to shift the location of the proposed hospital flowed from a pragmatic consideration. It has been admitted that in the year 1988, the State respondents decided to establish the district hospital and for that purpose directed the Sub Divisional Officer (SDO), Udaipur to select suitable lands. Accordingly, an area of 31 acres of khas and jote lands at Chandrapur was selected out of which 12.64 acres of lands were khas, 2.33 acres were acquired and 16.76 acres were donated by the owners. Design, plan and estimate for the proposed construction were in place and received administrative approval for expenditure in the year 1992. But the proposed construction had to be suspended due to non-availability of fund. In 1998, the proposal was reviewed and it was felt that the location of the proposed hospital should be nearer to the district headquarter lor availing of the essential facilities. In the supplementary affidavit filed by the said respondents more informations relating to the derision to change the location of the proposed hospital have been recorded. It is contended that the location of Chandrapur village is 8.5 krn from Udaipur district headquarter and 500 mts. away from Agartala Sab room national highway. That apart, the area at Chandrapui is thinly populated and has no easy access to the other Government establishments which are supposed to lender assistance to the proposed hospital The State Government in consideration of these facts decided to change the location and selected 13.96 acres of land at Dhawjanagar, a place much nearer to the district headquarter, Udaipur Degree college and Battalion Headquarter of 23, Assam Rifles Easier and speedier access to the State hospital at the State capital from the new site for emergency cases is also an important aspect which prominently figured in the consideration of the State Government while deciding to shift the site of the proposed hospital. The State Government, however, decided that the lands available at Chandrapur would be utilized for establishing a 30-bedded hospital known as Community Health Center as per national norms. Under the National Health Mission such a health center may be established for every 80,000 to 1.2. lakh population. As regards district hospital for which fund was not available for a long period the State respondents have stated in para 11 of the supplementary affidavit that the Ministry of Development for North Eastern Region by letter dated 30-6-2005 has sanctioned Rs. 270 lakhs to the State Government as Central assistance for the South Tripura district hospital and this being the first instalment of the project the amount is required to be utilized as otherwise the fate of the project would be at jeopardy. It has been pointed out that because of the stay order obtained from this Court by the petitioners at the time of admission of the writ petition, the State respondents could not make any headway to implement the project by utilizing the fund made available after a long wait and much efforts.