HC upholds Panchkula clinic site demarcation, Affirms Healthcare as a Fundamental Right
Court order
Chandigarh: The Punjab & Haryana High Court has dismissed the petition to quash the layout plan for a sector in Panchkula, which included a doctor's clinic in its vicinity. The court emphasized that access to timely medical services is a fundamental right.
The petition was filed by the House Owners Welfare Association, which sought to invalidate the 2003 sectoral development plan that designated space for a clinic near Sector 17, Panchkula.
The petitioner also sought the quashing of the advertisement and the e-auction for nursing home sites. They argued that they were never informed that institutional or clinic sites could be designated near residential areas. Additionally, the Association raised accessibility concerns, as the clinic was located at the end of a narrow 5-meter road.
However, the Bench, consisting of Justice Sureshwar Thakur and Justice Vikas Suri, dismissed these objections, recognizing the broader benefits of the clinic in promoting healthcare access.
According to the Live Law, Justice Sureshwar Thakur and Justice Vikas Suri noted, "when the consultancy services to be provided at the clinic sites, may become availed by the elderly people, senior citizens or disabled people, especially when in absence thereof, it would lead them to travel to long distances for receiving OPD consultancies."
The court pointed out that the inclusion of medical facilities within the colony would reduce the need for residents to travel long distances to overcrowded hospitals or medical centers. It would also ensure that patients have better access to timely care.
By doing so, the Court ensured that the fundamental right to health and access to timely medical care were upheld. As a result, the Court found no reason to object to the proposed layout plan.
The Court further affirmed that the proposed layout plan aligned with Article 21 of the Constitution of India, which guarantees the fundamental right to life and personal liberty. By promoting healthcare facilities within residential neighborhoods, the plan sought to enhance the well-being of the citizens.
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Addressing the petitioners' concerns about traffic congestion and accessibility, the court remarked that these issues should have been raised when the plots were initially purchased in 2004, as the petitioners were aware of the layout plan at that time.
Furthermore, the bench opined that since the right to practice a business or occupation is a fundamental right, the respondents concerned are entitled to it, as they were allotted the clinic sites in question.
In conclusion, the Bench rejected the petitioner's request to quash the sectoral development plan.
