1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.136 OF 2007 The Grampanchayat, Village Biranwadi, Taluka Tasgaon, District Sangli & Ors. .....Petitioners. V/s The State of Maharashtra & Ors. ..... Respondents. ------ Mr. P.A. Pol for the Petitioners. Mr. R.P. Behere, Addl. G.P. for the State. Mr. A. H. Kulkarni for Respondent Nos. 9 to 11 & 13. Mr. S.S. Suryawanshi alongwith Mr. A.P. Kulkarni for Respondent No.8. Mr. R.D. Rane for Respondent Nos. 4 to 6. Mr. A.P. Kulkarni for Respondent No. CORAM: SWATANTER KUMAR, C.J. AND V.M.KANADE, J. DATE : 12TH JUNE, 2008. P.C.: 1. Heard the learned Counsel for the parties at some length. Prayer in this PIL is for issuance of appropriate writ, order or direction for suspending Resolution No.5 dated 07/04/2007 and for marking of suitable land for Primary 2 Health Centre at Village Wayfale other than Gat No.1174. Earlier, a PIL was filed in relation to the same affair being PIL No.145 of 2006 which was finally disposed of by this Court vide its order dated 20th June, 2007 which reads as under:- " Learned Counsel appearing for respondent nos. 1 to 4 submits that the order of the Court dated 28th March, 2007 has been complied in its entirety. This fact is not disputed by the learned Counsel appearing for the petitioners, who, however, submits that the process of tender should be completed early to avoid any delay in completion of the work. 2. This Petition, in view of the statement made by the learned Counsel for respondent nos. 1 to 4, is rendered infructuous and, is accordingly, disposed of." 2. The learned Counsel appearing for Zilla Parishad and the original Petitioner in PIL No.145 of 2006 submit that the work order has already been issued and the work at Gat No.1174 has commenced and is in progress. 3 3. The learned Counsel appearing for the Petitioners in this PIL has primarily raised two objections (1) that as per affidavit filed on behalf of Zilla Parishad as late as on 21/04/2008, site has not been finalized under the Resolution and, as such, entire progress of work is without authority of law and (2) that the Health Centre is being constructed at the place which is not easily accessible to the public at large, including the residents of surrounding villages for whose benefits also the Health Centre is being constructed. 4. The learned Counsel appearing on behalf of the State, Zilla Parishad and the Petitioners in earlier PIL No.145 of 2006 are ad idem that appropriate directions in this regard could be issued but the progress of the Health Centre should not be hampered at this stage by the intervention of the Court as it would neither be in the public interest nor would serve any fruitful purpose and public money would have to be spent if it is directed to be demolished at this stage and ordered to be relocated. 5. The first contention raised on behalf of the Petitioners is, in fact, without any merit as it is based upon misreading of the affidavit filed by one Dr. Limbaji Sale. In that affidavit, it has specifically been stated that in the Resolution of the Zilla Parishad exact Gat Number was not given but, by subsequent proceedings, the Gat had been approved and the Resolution which was passed by the General Body of 4 Respondent No.5 - Zilla Parishad, Sangli has also been annexed on record and it is stated that in furtherance of the Resolution and the G.R. issued by the Government on 01/01/1996, the work order has also been issued and the allegations made in the present PIL are incorrect. The affidavits filed on behalf of other authorities clearly show that LOA has been issued and the work is in progress in view of the order passed by the Division Bench of this Court in PIL No.145 of 2006. We have no reason to doubt this statement. In any case, now it is commonly conceded that the work is in progress. 6. It may be noticed that the Resolution was passed as far back as in the year 1996 and because of pendency of various litigations before this Court and non-cooperation between the various public authorities, the Health Centre to the public at large of Village Wayfale and surrounding villages has not bee provided. If any interference is made by this Court at this stage it will sub-serve the public interest and would be prejudicial to the interest of the State as well. We have considered the pros and cons of the arguments raised before us. The Resolution passed by the Zilla Parishad is in exercise of the powers vested in them in accordance with law and, being a policy matter, it can hardly be interfered with by the Court. 7. We dispose of this Petition with the following directions, which, even otherwise, are acceptable to the learned 5 Counsel appearing for the respective parties :- (i) The work of the Primary Health Centre in furtherance to the LOA shall be completed as expeditiously as possible and, in any case, within six weeks from today as prayed. (ii) The State, Zilla Parishad and all other concerned authorities shall ensure that there is a proper road from high-way to the Health Centre so that public in general as well as public from other villages have an easy access to the Health Centre, which shall be a prime requirement for establishment of the Health Centre. 8. Parties are left to bear their own costs. We make it clear that the authorities concerned file compliance report of this order through Collector within eight weeks from today. CHIEF JUSTICE V.M. KANADE, J.