news details |
|
|
| HC dismisses petition seeking shifting of medical facilities | | | EARLY TIMES REPORT
Jammu, May 5: Justice Sunil Hali dismissed a petition with costs Rs 3000 regarding shifting of medical facilities by Red Cross Society from first floor to second floor in the complex owned by Society. The judgment passed in a petition filed by Raj Kumar & Ors Vs State & Ors, the petitioners claim to be social workers and have keen interests in the matters of public. The grievances projected in the present petition is regarding shifting of medical facilities by the red cross society from first floor to second floor in the complex owned by it. The petitioners also seek a direction to respondent to implement section 324 of the J&K Municipal Corporation Act in letters and sprit.
Justice Sunil Hali after hearing Advocate Ajay Sharma appearing for petitioner, Neeru Goswami Deputy AG for State, Adv M P Gupta appeared for the respondent whereas Adv SS Nanda appeared for the Municipal Corporation, observed that Court failed to understand as to how shifting of medical facilities from first floor to second floor violates the aims and objects of the society are that it amounts to failure on the part of the respondents to provide medical facilities to the people who are entitled to it. It is not the case where medical facilities have been denied. Society is well within rights to open the center at any place within the complex for which no complaint can be made by any person including the petitioners. One can require the society to provide such facilities to the people who are poor and old but one cannot restrained the society to shift the medical facilities from first floor to second floor on the same building. Regarding the contention raised by the petitioners that no license has been obtained u/s 324 of J&K Municipal Corporation Act for leasing out the building to the SBI. On this, stand of JMC is that and when the provisions of section 324 of J&K Municipal Corporation Act are violated, necessary steps will be taken in this regard. It is expected that JMC shall take necessary steps to implement the provisions of the section 324.
Court further observed that even locus of the petitioners to file the present petition has not been established. They claim to be social workers without placing on record social activities conducted by them. It seems that the present petition has been filed in public interest but to achieve collateral purpose. With these observations Court dismissed the petition along with connected CMPs with costs of Rs 3000/-. Court also dismissed the contempt petition. —JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
