(1 of 2) [CW-12954/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12954/2023 Jagdish Ram S/o Gokal Ram, Aged About 40 Years, R/o Bhilo Ka Bas,village Ujaliya, District Jodhpur. ----Petitioner Versus 1. State Of Rajasthan, Through The Joint Secretary Department Of Urban Development, Jaipur. 2. The District Collector, Jodhpur. 3. The Jodhpur Development Authority, Through Its Secretary. 4. Tehsildar (North), Jodhpur Development Authority, Jodhpur. 5. Chief Medical And Health Officer, Jodhpur. ----Respondents For Petitioner(s) : Mr. Kunal Bishnoi. For Respondent(s) : Mr. K.S. Rajpurohit, A.A.G. Mr. R.D. Bhadu, Dy. G.C. Mr. DS Rajvi a/w Mr. Vikas Joshi. Mr. Suresh Charan, on VC. HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 16/10/2023 1. On directions of this Court, Mr. R.D. Bhadu, learned Deputy Government Counsel has prepared the site plan, which highlights the following points:- “1. The present site for Primary Health Centre (PHC) is about 1550 meters from the Abadi. 2. The present site for the PHC is near to the Indian Oil Bottling plant at a distance of about 180 meters. 3. In the Abadi land itself the Government land appropriate for PHC is available near the Khasra No.3 adjoining the residential Houses of Mr. Samsuddin and Mr. Habeebullah. (2 of 2) [CW-12954/2023] 4. The villagers at large were consulted by the authorities, who are in favour of the land near to the abadi, which is about 100 X 100 ft. and is said to be sufficient for holding the PHC.” 2. The report submitted by Mr. Bhadu is taken on record. 3. Mr. Suresh Charan, learned counsel appearing on behalf of Gram Panchayat submits that their only anxiety is that the project of PHC will be delayed, but as otherwise Gram Panchayat also supports any plausible alternate to the present land, which is more convenient to the villagers. 4. This Court, while taking into consideration the presence of Indian Oil Bottling Plant at the site in question as well as the other points in the report submitted and mentioned before this Court as above, directs the respondents No.5 & 3 to explore shifting of site from the present location where the construction is yet to begin to the site of Khasra No.3 as mentioned above. 5. In light of the aforesaid, Mr. KS Rajpurohit, AAG and Mr. D.S. Rajvi, learned counsel are directed to take instructions from the C.M.H.O. and J.D.A. for time bound processing of shifting of the site bearing Khasra No.3 and, in case, there are any extreme objections, they shall be permitted to file the same. 6. List the matter on 01.11.2023. 7. In the meanwhile, the construction in question shall not be started in pursuance of the order dated 13.07.2023 (Annex.8). (DR. PUSHPENDRA SINGH BHATI), J. 62-/Jitender//-