BIJITA SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants-writ petitioners are aggrieved by the judgment and order dated 06.01.2006, passed in W.P. (C) No. 254/2000, negating their impugnment of the decision of the State respondents to alter the site of the proposed district hospital and staff quarters from Chandrapur to Dhajanagar in South Tripura District.

(2.) We have heard Mr. A. K. Bhowmik, Senior Advocate assisted by Mr. P. Mazumder, Advocate for the appellants-writ petitioners, Mr. U.B. Saha, Senior Govt. Advocate assisted by Mr. T. D. Mazumder, Advocate for the State respondents and Mr. P. K. Biswas, learned Assistant Solicitor General, Union of India.

(3.) The run up of facts leading to the filing of the writ petition has to be essentially noticed. The appellants-writ petitioners as the residents of Udaipur Sub-Division of South Tripura District, seeking to represent the lawful demand and interest of the general public of their locality, have pleaded that in the year 1988, on the basis of a decision made by the highest authority of the State in the Health Department, Govt. of Tripura i.e the Minister of Health, Govt. of Tripura with the concurrence of the prominent and respectable citizens of Chandrapur and its adjoining villages decided to set up a District Hospital and Staff Quarter at Chandrapur. According to them, the selection was made on the basis of an express promise made by the Govt. of Tripura, Department of Health for which the citizens of Chandrapur village and the other nearby villages donated lands measuring about 80 kanis by executing registered deeds of gift in favour of the Government. In the same year, the land, which is situated adjacent to the Agartala-Sabroom road, was developed, by the people of the locality and an approach road was also laid by the Government. Electric: connection was also provided. Soil testing ;of the land was conducted and the. structural engineers designed the plan with sketch map etc. The clearance certificates required under the law were obtained and the Union of India also approved the proposal. Accordingly, the Chief Minister of the State also laid the foundation stone for setting up the Hospital and the Staff Quarter at Chandrapur. The administrative approval for Rs. 2,34,42,000/- of the Health and Family Welfare Department was conveyed by the Director of Health Service, Govt. of Tripura, Agartala to the Superintendent Engineer 3rd Circle, PWD Udaipur, by the communication dated 01.07.1992. Tenders for the construction works were invited on 19.09.1992.