ORDER : The petitioners being the residents of Pipar City have approached this Court through this writ petition under Article 226 of the Constitution of India styling it to be a public interest litigation for assailing the decision taken by the respondent Medical and Health Department to establish the District Hospital, Pipar upon the land acquired from the Krishi Upaj Mandi Samiti (‘KUMS’). The petitioners demand that the District Hospital should be constructed in the premises of the existing Community Health Centre, Pipar. 2. The petitioners allege that the Community Health Centre, Pipar is located at a very convenient location inside the city and is well suited to the needs of 60,000 (odd) residents of Pipar City. The newly proposed District Hospital sanctioned to be constructed on the land acquired from KUMS, would be at a significant distance from the Pipar town and thus, the local residents would face grave inconvenience in case, the hospital is constructed at the newly identified location. It is further submitted that as per the prescribed norms for construction of a District Hospital, 40,000 square meters land is required whereas, the land acquired from the Krishi Upaj Mandi Samiti admeasures only around 20,000 square meters i.e., 12 bighas. It has also been submitted that the existing Community Health Centre is built on around seven and half bighas of land and Nagar Palika, Pipar has allotted another chunk of four and half bighas of land which is nearby the existing CHC and thus, the District Level Hospital can be built by demolishing the existing Community Health Centre which would not only save valuable money spent for acquiring fresh land from the Krishi Upaj Mandi Samiti but would also prove useful to the entire population of Pipar City. 3. Shri Vinay Jain, learned counsel representing the petitioners advanced the above submissions to fortify the grounds averred in the writ petition. In addition thereto, it was his fervent contention that over a period of time, philanthropists from Pipar city have made significant contributions for development of the community health and thus, if the District Level Hospital is constructed at a different location, then the existing facilities would be rendered waste. Shri Jain further submitted that the approval to construct the District Level Hospital on the land acquired from KUMS has been taken under pressure of certain persons whose lands are located in the vicinity of KUMS. Shri Jain further submitted that the approval to construct the District Level Hospital on the land acquired from KUMS has been taken under pressure of certain persons whose lands are located in the vicinity of KUMS. He also urged that from the allotted land, a significant area would be reduced because some part of land allotted for construction of hospital significant land is likely to be acquired for construction of the Mega Highway. On these grounds, he implored the Court to accept the instant writ petition in the terms prayed for. 4. The respondents have filed reply to the writ petition wherein the grounds of challenge laid by the petitioners have been controverted. It is submitted in the reply that there is no additional land available near the existing Government Hospital, Pipar which is a basic facility. The allegations levelled by the petitioners that location in question has been selected to benefit certain blue-eyed persons have been emphatically denied. Reliance in the reply is placed upon the factual report dated 14.01.2022 forwarded by CMHO, Jodhpur, a perusal whereof would indicate that Senior Architect, Medical and Health Services, Jaipur inspected the premises of the existing hospital and gave a pertinent opinion that the construction of the District Level Hospital would not be feasible in these premises as per the Indian Public Health Standards (‘IPHS’) Norms, 2022. It is also noted in the report that there is no scope for acquiring additional land near the CHC Pipar. 5. Shri Rajat Arora, Advocate appearing for the State Authorities urged that it is true that the land which has been presently allotted for the construction of the District Level Hospital is not in consonance with the IPHS Norms, 2022 which require that at least 40,000 square meters land should be available for construction of a District Level Hospital but as per Shri Arora, 32 bighas additional vacant land is available in the KUMS and that the shortfall would be covered by acquiring more land from the agricultural department. 6. It was further submitted that the existing CHC caters to the needs of 50,000-60,000 residents of Pipar city whereas the District Level Hospital would serve to population of nearly 6,00,000 people from the nearby villages. 6. It was further submitted that the existing CHC caters to the needs of 50,000-60,000 residents of Pipar city whereas the District Level Hospital would serve to population of nearly 6,00,000 people from the nearby villages. Only for this reason, the land of Krishi Upaj Mandi Samiti was identified and selected because the same is located on the State Highway and thus, the patients coming from the nearby villages would have convenient access to proposed State of the Art medical facility i.e., the District Hospital. It was further contended that the State Government has taken a policy decision to construct the hospital at the new location and thus, this Court, while exercising its extra-ordinary writ jurisdiction should not interfere in this policy decision which ex-facie does not safe suffer from any illegality or infirmity. 7. An application for impleadment has been filed by certain residents of Pipar who are represented by Shri Vinod Choudhary. With this application, photographs of the existing CHC are annexed in order to buttress the submission that the existing CHC is located at a very congested place and access thereto is often blocked because of heavy vehicular traffic. The documents annexed with the impleadment application also incorporate few newspaper reports which indicate that during the monsoon season, the existing CHC is inundated with rain water and thus, patients are unable to have access to the life saving medical facilities. 8. We have given our thoughtful consideration to the submissions advanced at bar and have gone through the material available on record. 9. Ex-facie, we are of the view that the attempt made by the petitioners to question the decision of State Government in sanctioning the construction of the District Level Hospital on the land acquired from KUMS does not seem to be bonafide. It may be noted that the existing CHC is providing medical facilities to the residents of Pipar city having population of 50,000 whereas the District Level Hospital would cater to the needs of number of nearby villages having gross estimated population of almost 6,00,000 people. Thus, proper access to such a significant medical facility is imperative. There is no denial by the petitioners that the newly selected location is on the State Highway and thus, unquestionably, the patients requiring medical attention would be able to reach the hospital more conveniently. Thus, proper access to such a significant medical facility is imperative. There is no denial by the petitioners that the newly selected location is on the State Highway and thus, unquestionably, the patients requiring medical attention would be able to reach the hospital more conveniently. It is also not disputed that the existing CHC is located deep inside the Pipar town. Thus, access thereto would be hampered on account of narrow approach road and heavy traffic. Such a constructed passage to the only available medical facility may pose life threatening situations because the passage of negotiating ambulances to the hospital would be hampered by traffic on the narrow approach road. 10. The power to select the location of an important public institution like a hospital is within the policy making domain of the State Government. Unless it is demonstrated that the policy decision so taken is malafide or amounts to a colourable exercise of power. This Court would be loathe to interfere therein while exercising its extra-ordinary writ jurisdiction. The petitioners’ counsel fervently argued that the land which acquired from KUMS for the construction of the District Level Hospital falls short of IPHS Norms, 2022 which require that for a District Level Hospital, the minimum available area should be 40,000 square meters. This very argument of the petitioners’ counsel is counterproductive to the petitioners’ claim in this writ petition because the area of the existing CHC is nowhere near the area required for setting up of a District Level Hospital i.e., 40,000 square meters as per the IPHS Norms, 2002. Furthermore, as no vacant land is available nearby the CHC, there is no scope for taking additional land so as to meet the required norms. Another important aspect which the Court cannot lose sight of is that if at all the construction of the District Level Hospital is to be made on the site of the existing CHC, then, the old building would have to be demolished which would in turn lead to a situation where the residents of Pipar city would be deprived of proper medical facility till the new hospital is constructed. The very suggestion, thus made by the petitioners is derogatory to the public interest. The very suggestion, thus made by the petitioners is derogatory to the public interest. On the other hand, if the new District Level Hospital is constructed on the selected site, the medical facilities being provided at the CHC would continue unabatedly till the construction of the new hospital is completed. 11. Needless to say that a District Level Hospital would require entirely a different set up, advanced facilities and larger structures and thus, make-shift arrangements in the existing building would defeat the very purpose of establishing a new state of art facility. 12. A perusal of the photographs annexed with the impleadment application convinces the Court that the existing hospital is located in a highly congested area. Thus, by no stretch of imagination, the District Level Hospital can be constructed on this land. 13. It is recorded in the document (Annexure-15) dated 12.07.2022 issued from the Office of CMHO, Jodhpur that after accounting for all other allotments from the land of KUMS, about 32-35 bighas of vacant land is available and can be allotted for the upcoming District Level Hospital. 14. We are therefore of the view that the instant writ petition filed by the petitioners is not in public interest but is rather a clear attempt to cause interference in a project of great public importance for Pipar town and nearby villages. We therefore, are not inclined to exercise the extra-ordinary writ jurisdiction so as to accede to the prayers made in this writ petition. Resultantly, it is directed that the respondents shall forthwith, commence construction of the District Level Hospital on the land acquired from the Krishi Upaj Mandi Samiti, Pipar City. The construction may commence on already acquired 12.10 bighas land but simultaneously, process shall forthwith be started to acquire additional adjoining vacant land of Krishi Upaj Mandi Samiti so as to ensure that the upcoming District Level Hospital fully satisfies the IMHS Norms, 2022. Till the process of acquisition of additional land for the hospital is completed, the remaining vacant land of Krishi Upaj Mandi Samiti shall not be allotted/divested for any other purpose. Till the construction of the District Level Hospital is completed and the hospital is commissioned, the medical facilities being provided in the existing CHC shall not be disturbed/reduced. Resultantly, the instant writ petition is dismissed as being devoid of merit. Till the construction of the District Level Hospital is completed and the hospital is commissioned, the medical facilities being provided in the existing CHC shall not be disturbed/reduced. Resultantly, the instant writ petition is dismissed as being devoid of merit. The factual report regarding the directions given above shall be submitted for the Court’s perusal on 31.03.2023. List on 31.03.2023.