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Patna High Court disposes of PIL seeking construction of community health center, upgrade of PHC Darauli

The Patna High Court disposed of a Public Interest Litigation (PIL) filed seeking a direction upon the respondents for construction of a Community Health Centre or alternatively upgrade the Primary Health Centre, Darauli, Siwan into the Community Health Centre.

It is averred that presently the Primary Health  Centre, Darauli, Siwan consists of 6 bed health centre where male and female patients are being treated in the same room and the available medical facility of the Primary Health Centre are quite different from the standard medical facility, which ought to have been there. The Primary Health Centre, Darauli, Siwan is the only Medical Centre of the locality, around more than 2 lakhs population and the people of the locality have no option but to go to the Primary Health Centre in case of any medical emergency. 

The  petition further discloses that the people of the locality have been continuously demanding for construction of Community Health Centre, as also for improvement of medical facility at Primary Health Centre, Darauli, Siwan and they also went on Dharna and the matter has been raised before all concerned, including the District Magistrate, Civil Surgeon and D.D.C., Siwan etc. but no action has been taken in this regard.

In response to the averments made in the writ petition, a counter affidavit has been filed on behalf of  the Civil Surgeon, Siwan.  

Government Counsel referring to the averments made in the counter affidavit submitted that considering the reasonable demand of the people of the locality,   deliberations were made in the meetings of the District Coordination Committee on 26.12.2020 and further on 27.02.2021. 

In this context, the adjoining land of the Zila Parishad was proposed to be transferred and necessary guidelines were also sought for by the concerned department. However, it was learnt that the land was utilized by the Zila Parishad for construction of a market and 11 shops were already constructed and a half constructed building was in place for Bazar Samiti. Thus, in the light of the unavailability of sufficient land in order to upgrade the Primary Health Centre, Darauli, a Referral Hospital of 30 beds was conceived in the nearby village Done, which is approximately 8 Km from the Primary Health Centre, Darauli. Further Rs. 6,44,95,000/- was also sanctioned for construction of the Referral Hospital vide letter dated 20.05.2019 issued by the Health Department.

The Counsel for the State further submitted that the official respondents are sensitive towards the demand and grievance of the locality and considering the medical needs of the people of the locality the Referral Hospital, Done has been constructed with a strength of 30 beds within 8 Km from the Primary Health Centre, Darauli in order to cater the Medical needs of the people residing in nearby the village. It has also been informed that the construction of Referral Hospital is already over awaiting inauguration.

Considering the rival submissions and the averments made in the counter affidavit, especially in the fact of the District Coordination Committee having consistently taken steps to meet the demands of the people of the locality, but on account of the unavailability of sufficient land in village Darauli, Siwan, a Referral Hospital of 30 beds have been constructed in the nearby village Done, at a distance of 8 Km from the Primary Health Centre, Darauli, the Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar does not find any reason or occasion to continue with the present litigation.

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