Neutral Citation No. - 2025:AHC:111986 Court No. - 5 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 94 of 2025 Petitioner :- Deep Chand Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- Anil Kumar Chaudhary,C.S.C.,Rameshwar Prasad Shukla Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Muktesh Kumar Singh, learned counsel for the petitioner, Sri Manish Goyal, learned Senior Advocate/learned Additional Advocate General assisted by Sri P.K.Shahi, learned Additional, Chief Standing Counsel and Sri Rameshwar Prasad Shukla learned counsel for the respondent no.6. 2. The earlier writ petition was disposed of vide order dated 4.11.2024 with following directions: "9. In aforesaid circumstances, the Court appreciates the suggestions given by Amicus Curiae, which have already been reproduced hereinabove. 10. In view of above and taking note of entire facts and circumstances of case, the present public interest litigation is disposed of with following directions: (a) Health Department of State will take steps for renovation of building, which is in dilapidated condition and was earlier used as Community Health Center/ Jaccha Baccha Kendra, if it's utility still exist, i.e., even after existence of Health and Wellness Center and for that a comprehensive study be undertaken by District Magistrate, Mau and Chief Medical Officer, Maum which also includes suggestion of villagers. This exercise shall be completed within four weeks from today and appropriate decision thereon be taken within two weeks thereafter. (b) The construction of Panchayat Bhawan shall not cause any hindrance for ingress or outgress of the area on which the present building of Community Health Center/ Jaccha Baccha Kendra is situated and if necessary modification may be made in the map of construction of Panchayat Bhawan. (c) Further construction of Panchayat Bhawan shall be commenced only after District Magistrate, Mau and Chief Medical Officer, Mau will give its report, i.e., there will be no construction of Panchayat Bhawan for at least six weeks from today. (d) The authorities/ concerned Panchayat will take further action on basis of the report." 3. Petitioner has again approached this Court by way of present petition that aforesaid order has not been strictly complied with and without making any effort to restore the Jaccha Baccha Kendra, respondents are only concentrating on construction of Panchayat Bhawan and even some area of Jaccha Baccha Kendra is being utilised for its construction. 4. This Court has passed following order on 9.7.2025: "This Court has passed following order on 18.04.2025 and 26.05.2025 :- "18.04.2025 1. Sri Manish Goyal, learned Senior Advocate/Additional Advocate General assisted by Ms. Seema Agarwal, advocate submits that averments made in this writ petition are contrary to record and order dated 04.11.2024 passed by this Court in P.I.L. No. 1548/2024 is being complied in its entirety and he prays that let this matter come up after four weeks so that exact photographs, etc. may be placed on record. 2. Sri Muktesh Kumar Singh, learned counsel for petitioner is granted same liberty so that he may also file relevant photographs, documents, etc. 3. List this case on 26.05.2025 at 12.00 PM. 4. Court hopes that order of this Court will be complied with as far as possible. 26.05.2025 Learned A.C.S.C. for State seeks further time to comply the order dated 07.04.2025. Put up this case in the 2nd Week of July, 2025. In case of default, the concerned respondent shall remain present in Court along with all records." The aforesaid order is not complied even concerned State respondent is not present, therefore, a cost of Rs. 5000/- imposed on all the State respondents which will be deposited in District Legal Services Authority, Mau and they shall remain present before this Court on Monday i.e. 14.07.2025 at 10.00 a.m." 5. In pursuance of aforesaid order, some of the respondents are present in person and learned counsel for the respondents orally submits that cost imposed has already been deposited. 6. Learned Additional Advocate General on basis of written instructions submits that for Jaccha Baccha Kendra Rs.41 lakhs has been sanctioned and an area of about .016 hectares is earmarked for construction and if necessary, an additional vacant land having an area of .044 hectare on part of it, will be also utilised for this purpose. 7. On the basis of written instructions, learned AAG further submits that outgress and ingress of both buildings i.e. Jaccha Baccha Kendra and Panchayat Bhawan will be separate. 8. Learned counsel for the petitioner submits that apprehension of petitioner is removed on basis of above referred submissions and he hopes that construction will be carried out giving priority to Jaccha Baccha Kendra. 9. In the aforesaid circumstances, on basis of written instructions since there is a categorical statement that construction of Jaccha Baccha Kendra will be given priority and ingress and outgress of both buildings i.e. Jaccha Baccha Kendra and Panchayat Bhawan will be taken note of as well as funds have been sanctioned, Court also takes note the assurance that within a period of one year Jaccha Baccha Kendra will be constructed. 10. Chief Medical Officer, appearing in person ensures that proper medical facility will be provided to Jaccha Baccha Kendra. 11. Court hopes that new construction of Jaccha Baccha Kendra will be operational by July, 2026 and in case petitioner approaches this Court due to default of respondents, it may invite action against concerned respondents. 12. Court also takes note of submission of counsel for petitioner that in case there is an encroachment over village or Government Land, respondents will take all necessary steps for removing it. 13. With aforesaid observations and directions, this Public Interest Litigation is disposed of. Order Date :- 14.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad