Not our duty to tell State to construct schools, hospitals: Gujarat High Court

The Gujarat High Court on Thursday said that it wasn't the duty of the courts to tell State authorities to build hospitals, schools, sports complexes etc.

A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri made the comment while hearing a PIL highlighting the fact that despite orders of a collector passed in 2016, the authorities haven't constructed a civil hospital in Anand district. 

"It isn't our duty to say anything to the State on this. We cannot tell them (State authorities) to build schools, hospitals, swimming pools or even sports complexes. It is for them to decide depending on the available resources," Chief Justice Kumar remarked. 

The CJ further highlighted the fact that several officers of the State are running their offices from rented premises. 

"Only a decision is not enough...they even need money to construct something. Some of the offices of Malmatadars, some assistant collectors are run from rented premises because of non-availability of resources. In fact, government's own offices are running from rented premises because they don't have resources. They might have land, but don't have buildings," he observed. 

Counsel appearing for the petitioner informed the Bench that despite being formed nearly 25 years ago in 1997, Anand district still doesn't have its own civil hospital. He pointed out that despite the orders of the collector, the site which was to be used for the hospital's construction lies vacant. 

The Bench at this point sought to know if any budgetary allocation was made for the said hospital. 

"Let us know if any budgetary allocation was made or if some budget for the same was approved by the State government," the Bench said,

The counsel replied that he would come back with information on the next date of hearing.

Meanwhile, counsel for the State informed the Bench that the site in question was leased for 99 years and that a suit regarding its title is pending. 

At the end of the hearing, the Court issued notice to the State and concerned authorities and kept the matter for further hearing on November 19.