JUDGMENT : Sandeep Sharma, J. By medium of instant letter petition, addressed to Chief Justice of this court, complainant namely Ravinder Singh Rana, resident of Village Behadwain Dhatwalia, Tehsil Bhoranj, District Hamirpur, Himachal Pradesh, invited attention of this Court to the illegal and unauthorized construction of road on the land of Ayurvedic Dispensary situate at Bhakera, Tehsil and District Hamirpur. As per the petitioner, his late father namely Shri Ganga Ram Thakur, donated land measuring 11 Marla in the year 1999 to the Ayurveda Department for the construction of Ayurvedic Dispensary. Similarly, Shri Nanak and Shri Rattan Singh, both residents of Village Tikka Behadwin Dhatwalia also donated land measuring 14 Marla from their joint Khasra No. 87 for the construction of Ayurvedic Health Centre in village Bhakera. It emerges from the record that Ayurveda Department constructed two rooms on the aforesaid land for being used as Ayurvedic Dispensary, whereas on the remaining land, measuring 11 Marla Public Works Department constructed road. As of today, there is small courtyard left in front of the Ayurvedic Dispensary. In nutshell, grouse/grievance of the petitioner is that the Public Works Department without verifying the facts and taking consent from the Revenue Department as well as Ayurveda Department proposed to construct a road for village Bhakera, through courtyard of Ayurvedic Dispensary, as a consequence of which no space would be left open in front of the Ayurvedic Dispensary, rather, there can be a danger to the building of Ayurvedic Dispensary. Petitioner has further apprehended that in case courtyard in front of Ayurvedic Dispensary is allowed to be used for the construction of road to Village Bhakera, no place would be left for vaccination as well as other health related programmes, which may be organized occasionally by the Department of Health as well as Ayurveda Department of Himachal Pradesh for the benefit of local residents. 2. Taking cognizance of averments contained in the letter petition, this Court called for response from the State of Himachal Pradesh. Director Ayurveda, Himachal Pradesh in his reply-affidavit dated 29.6.2017, acknowledged the factum with regard to donation of land measuring 11 Marla bearing Khasra No. 216/90/1 by one Shri Ganga Ram for the construction of Ayurvedic Health Centre building for Village Bhakera on 26.7.1999. Director Ayurveda, Himachal Pradesh in his reply-affidavit dated 29.6.2017, acknowledged the factum with regard to donation of land measuring 11 Marla bearing Khasra No. 216/90/1 by one Shri Ganga Ram for the construction of Ayurvedic Health Centre building for Village Bhakera on 26.7.1999. Director Ayurveda also acknowledged the factum with regard to the donation of land measuring 14 Marla from joint Khasra No. 87 by Shri Nanak and Shri Rattan Singh, residents of Village Tikka Behadwin Dhatwalia for the construction of Ayurvedic Health Centre building at Village Bhakera. As per affidavit, construction of Ayurvedic Health Centre building was completed and taken over by the Department on 8.8.2007 and as of today, Ayurvedic Health Centre is providing basic health care facilities to the residents of above named village Gram Sudhar Sabha Bhakera proposed construction of ambulance road through the courtyard of Ayurvedic Dispensary and in this regard, granted No Objection Certificate qua 1 Marla of the land belonging to the Ayurvedic Dispensary, which now has been actually transferred in the name of Public Works Department on 4.1.2016. 3. In view of the demand of the area, Principal Secretary (Ayurveda) granted No Objection Certificate for the construction of ambulance road on Khasra No. 87/1 and 216/9/1 over 1 Marla of land belonging to the Ayurvedic Health Centre Bhakera. As per Director Ayurveda, said proposed ambulance road may be helpful in providing basic health care facilities to the people at their doorsteps. It clearly emerges from the aforesaid affidavit filed by Director Ayurveda that road already stands constructed by Public Works Department on the right side of the Ayurvedic Health Centre, which leads to village Kharwar. Though, Director Ayurveda has further stated that at present near 12 feet broad and 30 feet long vacant land (Courtyard) is available in Ayurvedic Health Centre and in case road is allowed to be constructed, land measuring 3 feet broad and 30 feet in length shall be left in front of Ayurvedic Health Centre building. Most importantly, Director Ayurveda in his affidavit has stated as under: “Paras 8:- That though the construction of the proposed ambulance road may harm the Ayurvedic Health Centre building, but since the executing agency is also a Govt. department and it had assured that no harm/damage will be done to the building as protection/retaining wall alongwith stair case shall be constructed for the said building. department and it had assured that no harm/damage will be done to the building as protection/retaining wall alongwith stair case shall be constructed for the said building. The fund to the tune of Rs.40,000/- has already been sanctioned by Deputy Commissioner Hamirpur vide sanction order No. 3003-06 dated 2-3-2017.” 4. Director Ayurveda has categorically stated that construction of ambulance road may harm the Ayurvedic Health Centre and little space will be left for conducting health programmes such as IPPI/DPT and similar health related activities. Though in the affidavit, Director Ayurveda has made an effort to justify the construction of ambulance road on the ground of public interest but there is no explanation, if any, that once alternative road is already constructed by the Public Works Department on the right side of the Ayurvedic Health Centre, which leads to village Kharwar, why the courtyard of Ayurvedic Health Centre, which can be ultimately used for health related programmes, should be allowed to be used for the construction of road. 5. We find from the communication dated 4.7.2012, annexure P-1, annexed by the complainant/petitioner in his response to the reply filed by the Director Ayurveda that District Ayurvedic Officer, District Hamirpur, while submitting report to the Director Ayurveda, Himachal Pradesh categorically informed that there is a dispute of villagers of Village Bhakera and Dhatwalia Behadwin regarding construction of link road on the land, which is not in their own name, rather in the name of Department of Ayurveda. As per District Ayurvedic Officer, Amar Chand and other villagers of Bhakera, forcefully tried to encroach land of the Department by digging the same with JCB in order to construct road, taking advantage of holiday. Since staff of Ayurvedic Health Centre stopped them from encroaching upon the said land, FIR came to be registered against such miscreants and matter is still under consideration. Lastly, District Ayurvedic Officer concluded that if permission to construct road on land of Ayurvedic Health Centre Bhakera is granted, there will be no space left for the building and it will become much difficult to organize programmes like IPPI/DPT camps and larger public interest will suffer. 6. District Ayurvedic Officer has further pointed out that there are some medicinal plant grown in the courtyard of this building and as such it is not in the public interest to provide road through courtyard of the Ayurvedic Health Centre. 7. 6. District Ayurvedic Officer has further pointed out that there are some medicinal plant grown in the courtyard of this building and as such it is not in the public interest to provide road through courtyard of the Ayurvedic Health Centre. 7. This Court, after having carefully perused the averments contained in the letter petition as well as reply filed by Director Ayurveda, is in agreement with the learned Amicus Curiae Mr. Kulbhushan Khajuria that no fruitful purpose shall be served in case road to Village Bhakera is allowed to be constructed through courtyard of the Government Ayurvedic Health Centre. It also emerges from the pleadings that village Bhakera is already linked to road at Government Middle School Bhakera with Tikker Manooh road, which actually covers whole village. In fact, Gram Sudhar Sabha Bhakera wants to link road at one end with Tikker Manooh road and at other end to Manooh Kharwar road near Ayurvedic Health Centre at Bahkera. But, as clearly emerges from the affidavit filed by Director Ayurveda that road already stands constructed by the Public Works Department on the right side of the Ayurvedic Health Centre, which leads to village Kharwar. 8. We see no justification in using courtyard of Ayurvedic Health Centre for construction of road. It appears that some representative of Gram Sudhar Sabha Bhakera, who wants to construct road through courtyard of Ayurvedic Health Centre has made it a prestige issue, without realizing that Ayurvedic Health Centre at Bhakera provided by the Department of Ayurveda is for general public and in case health programmes like IPPI and DPT apart from other health related activities are organized regularly in the courtyard of Ayurvedic Health Centre, it shall benefit public at large including members of the Gram Sudhar Sabha. 9. Moreover, when road on the right side of Ayurvedic Health Centre leading to Village Kharwar is already existing on the spot, demand of Gram Sudhar Sabha to connect link road with Tikker- Manooh at one end and with other end at Manooh Kharwar road is not justified, rather this action of the Gram Sudhar Sabha Bhakera appears to be an attempt to disrupt smooth functioning of the Ayurvedic Health Centre at Village Bhakera. 10. 10. Consequently, in view of detailed discussion made herein above, this Court, finds the action of the Ayurveda Department in granting No Objection Certificate to the Public Works Department to construct road through courtyard of Ayurvedic Health Centre to be totally unjustified and against public interest as such same deserves to be rectified in accordance with law. 11. Accordingly, No Objection Certificate issued by Principal Secretary (Ayurveda) and thereafter order of transferring land in question in the name of Public Works Department, on 4.1.2016 is quashed and set aside. Department of Ayurveda, Himachal Pradesh is directed not to surrender/make available courtyard of Ayurvedic Health Centre /Ayurvedic Dispensary at Bhakera i.e. land bearing Khasra No. 87/1 and 276/90/1 measuring 1 Marla belonging to the Ayurvedic Health Centre, Bhakera to the Public Works Department for the construction of road. The Executive Engineer, PWD, Bhoranj, District Hamirpur is also directed to explore some other possibility for the construction of link road as being demanded by Gram Sudhar Sabha, Bhakera. The petition is disposed of in above terms.