P&H HC Directs Gram Panchayat to Construct Road for Emergency Medical Aid; Frivolous Petition Costs Imposed on Sarpanch

In a recent judgment, the High Court of Punjab and Haryana at Chandigarh has directed a Gram Panchayat to construct a road for emergency medical aid, emphasizing the constitutional obligation to provide convenient access to medical facilities. The court dismissed a writ petition filed by Gram Panchayat Badaliyan, challenging the construction of the road for an unauthorized occupant. The judgment was delivered by Hon'ble Mr. Justice Sureshwar Thakur and Hon'ble Mr. Justice Kuldeep Tiwari.

The petitioner argued that the road construction, directed by the Collector of the revenue district, was intended solely for the personal benefit of the unauthorized occupant, respondent No. 9. The Gram Panchayat contended that the road should benefit the entire village and had passed a resolution opposing the construction.

Addressing the arguments, the court stated that the Gram Panchayat had a constitutional duty to provide road access for emergency medical aid to the villagers. It emphasized that the right to life, as enshrined in Article 21 of the Constitution of India, encompassed the duty of the State to ensure convenient access, including ambulance roads, for medical emergencies.

The court held that even if the road construction primarily benefited a single individual, it did not provide sufficient grounds for the Gram Panchayat to resist the Collector's directions. It noted that providing road access to every villager, including a solitary homestead, was essential to fulfill the right to life. This would enable timely medical care by facilitating ambulance services to reach any citizen in need.

Dismissing the writ petition, the court deemed it frivolous and possibly motivated by malafides. It imposed costs of Rs. 50,000 on the Sarpanch (head) of Gram Panchayat Badaliyan, who filed the petition. The Sarpanch was directed to deposit the costs with the Treasurer of the Punjab and Haryana High Court Bar Association.

This judgment serves as a significant reminder of the constitutional duty to prioritize the right to life and ensure accessibility to essential services, particularly in emergency situations. The court's decision underscores the obligation of Gram Panchayats to provide roads for emergency medical aid and discourages the filing of frivolous petitions, emphasizing the potential consequences for those involved.

Date of Decision : May 08, 2023

GRAM PANCHAYAT BADALIYAN vs THE FINANCIAL COMMISSIONER TO GOVT. PUNJAB AND ORS.