1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 4 OF 2010 The Grampanchayat, Village Wayfale ........Petitioner versus The Addl. Principal Secretary Public Health & Family Welfare Dept. State of Maharashtra & ors ........Respondents. Mr. S.D. Thocade & Dilip Shinde adv. for the Petitioner. Mr. A.M. Kulkarni adv. for the Respondents 8 to 10 & 12. Mr. S.N. Bhosale AGP for Respondent/State. CORAM: J. N. PATEL Acting. C.J. AND B. R. GAVAI, J. DATED : 14th January, 2010. P.C.: 1. This PIL impugns the order passed by the Additional Chief Secretary dated 16th Marcy 2009 passed in pursuance of the orders of the Apex Court in SLP(C) 18868-69/2008. In the impugned order it has been held the site at Gat no. 1174 at Village Wayfale, Tal.Tasgaon Dist.Sangli is suitable and proper for establishing and construction of the Primary Health Centre. 2. It is the contention of the petitioner that the site which is found suitable by the Additional Chief Secretary 2 is infact not suitable and as a matter of fact site at Gat no.1037 is more suitable for establishing the Primary Health Centre. It is also the contention of the petitioner that Primary Health Centre is for seven villages and all the seven grampanchayats have unanimously supported the establishment of the Primary Health Centre at Gat No.1037. 3. The learned counsel appearing on behalf of the respondent nos. 8 t0 10 and 12 seriously disputes this position. 4. However, we are not inclined to go into the disputed questions in as much as the Additional Chief Secretary in pursuance to the directions issued by the Apex Court has considered the matter afresh and after considering the entire material placed before him and also the report of other Government authorities including Divisional Deputy Engineer, Irrigation Department, has found that the site at Gat No.1037 was not suitable. It has also been found that if in future the height of the Dam is increased, Gat no. 1037 is likely to be submerged in water. In these factual background it has been found that site at Gat no. 1174 is most suitable and proper for establishment and construction of Primary Health Centre. 5. Primary Health Centre has to be established as a matter of policy by the State. Unless we find that the policy decision taken by the State is either malafide or irrational, it is not permissible for this court to sit in 3 appeal in its extra ordinary jurisdiction under Article 226 of the Constitution. In any case as to which place is more suitable is the question to be looked into by the authorities. We do not possess expertise to go into the said question. We do not find that the Additional Chief Secretary while taking a decision in the present petition has acted malafidely or irrationally. The petition is therefore without any merit and as such dismissed. 6. At this stage the learned counsel for the petitioner prays for an order of statusquo for a period of six weeks. On a query put by us to the learned counsel, he states that the site which has chosen by the Addl. Chief Secretary is in the same village and is at a distance of two and half km. away from the site whee the petitioners want the centre to be constructed. We find that the present petitioner, instead of having the Primary Health centre which is to be established for the benefit of residents of seven villages, are more interested in litigating before this court and the Apex Court. We find that any order of statusquo would unnecessary stall the project which is necessary in the interest of residents at large in those villages. As such we are not inclined to grant the said prayer. The same is therefore rejected. (Acting. C. J.) (B.R. Gavai, J.)