The Jammu & Kashmir and Ladakh High Court has held that the choice of location for a government amenity such as a Health Sub-Centre is a policy matter and no private individual or group can insist on one particular site.

The Court was considering a Writ Petition to immediately and forthwith shift the location of Health Sub Centre, Seenthakran, Tehsil and District Udhampur from one ward to another of the said village.

The Bench of Justice Moksha Khajuria Kazmi held, "It is not in dispute that the choice of location for a government amenity such as a Health Centre lies within the domain of the competent authority. Decisions regarding public infrastructure and resource allocation are policy decisions entrusted to administrative bodies. This means that authorities have the legal competence to decide the site based on planning norms, technical criteria, and policy considerations and no private party has a right to unilaterally dictate the location. However, whenever residents, likely to be affected by such decisions on the ground that the proposed location is not centrally accessible or otherwise inequitable, the principle of administrative fairness requires that any representation they have made be genuinely considered before the final decision is taken."

The Petitioner was represented by Advocate Rahil Raj, while the Respondent was represented by Additional Advocate General Raman Sharma.

The Court additionally observed that though the Petitioners have no right to ask for the establishment/construction of Health Sub Centre at a particular place, the principle of administrative fairness demands that their representation/objection should be considered before taking any final decision with regard to the construction of Health Sub Centre, Seenthakran, Tehil and District Udhampur.

The Petition was accordingly disposed of.

Cause Title: Residents of Seenthakran v. Union Territory of Jammu and Kashmir (2025:JKLHC-JMU:4191)

Appearances:

Petitioner- Advocate Rahil Raj, Advocate Amit Bhardwaj

Respondent- Additional Advocate General Raman Sharma, Advocate Chetna Manhas, Advocate Pallavi Sharma, Additional Advocate General Ravinder Gupta, Advocate Ankur Sharma

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Jammu & Kashmir and Ladakh High CourtJustice Moksha Khajuria Kazmi

Sheetal Joon