IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 453 of 2009. Date of Decision: 29.09.2011 Daulat Ram and others …Petitioners. Versus. State of H.P and others. …Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioners: Mr. Tarlok Chauhan, Advocate. For the Respondents No. 1 to 4: Mr. Vivek Thakur, Addl. A.G. For the Respondent No.5: Mr. Ashok Sharma, Advocate. Deepak Gupta, J. (Oral) 1. The only dispute raised in this case is whether the Primary Health Centre, Chamyar (Suraha) should continue to run in the building provided by the Gram Panchayat Chamyar and on the land provided by petitioner Daulat Ram or fresh PHC should be constructed on the land donated by respondent No.5 Geeta Devi. 2. The undisputed facts are that PHC Chamyar is now functioning out of a building which has 2 been provided by the Gram Panchayat Chamyar. According to the petitioner his land adjoins the building provided by the Panchayat and the Panchayat is willing to provide additional land. On the other hand the contention of respondent No.5 Geeta Devi is that her land is more suitable for construction of the PHC. I have perused the record and I find that till date no decision has been taken as to which site is more suitable for construction of PHC though some recommendations are on the file. 3. It is not for this Court to decide which land is suitable or not suitable for construction of the PHC. I am told that the land of Smt. Geeta Devi is at a distance of two kilometers from the place where the PHC is functioning at present and where the land of petitioner Daulat Ram is situated. 4. To decide the dispute which is the best place to construct the PHC, it would be appropriate to appoint a Committee to visit both the places who after inspection of both the sites shall decide which is the most suitable for 3 construction of the PHC. The paramount consideration should be the welfare of the people who shall receive treatment at this PHC. Therefore, a Committee of the following is constituted :- 1. Chief Engineer, Public Works, Mandi Zone. 2. Deputy Director (Health) to the Govt. of H.P. 3. Chief Medical Officer, Mandi. 5. The Chief Medical Officer, Mandi shall be the convener of the Committee and Committee shall visit both the sites on or before 31st October, 2011 and shall submit its report to the Principal Secretary (Health) to the Government of Himachal Pradesh who shall take a decision thereon by 15th March, 2012 as to which place the Primary Health Centre is to be constructed. It is made clear that the Committee can also recommend, if it so desires, that two Primary Health Centres be opened. 6. Before visiting the site, the CMO shall ensure that notice is given to the petitioner Shri Daulat Ram, respondent No.5 Geeta Devi and also to the 4 President of Gram Panchayat Chamyar and other Gram Panchayats, which would be covered by the Primary Health Centre in question. 7. The petition is disposed of in the aforesaid terms. No costs. Dasti Copy. 29th September, 2011. ( Deepak Gupta ) ™ Judge.