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Gauhati High Court issues notice on PIL challenging state government to execute at Nikte village

The Gauhati High Court issued notice on a Public Interest Litigation (PIL) filed challenging the letter of the state government to execute the work of the Primary Health Centre (PHC) at Nikte village.

The petition has been filed for the welfare of the people of the village under Kodum Circle namely Igo Yami village, Igo Kato village, Taba Sora village, Dasi village, Nigi village, Nyorak Rakte village, Pushi Nyorak village, Rime Moku village and Pidi Rime village excluding Nikte village.

The Government of Arunachal Pradesh, Social Justice and Empowerment and Tribal Affairs department, Itanagar has issued the order dated 28/08/2023 sanctioning an amount not exceeding Rs. 2,00,00,000/- (Rupees two crore) only during CFY 2023-24 for construction of PHC building with compound wall at Nikte/Kodum Circle in West Siang district, Arunachal Pradesh. The grant for sanction has been made under the centrally sponsored scheme.

Consequent to the order dated 28/08/2023 issued by the Government, the Director, Social Justice Empowerment and Tribal Affairs department, Government of Arunachal Pradesh, Itanagar has written the letter dated 30/10/2023 to the Block Development Officer, CD Block Aalo West, Aalo West Siang District, Arunachal Pradesh to execute the work of the PHC at Nikte village.

T.T. Tara, counsel for the petitioner submits that the letter dated 30/10/2023 is in violation of the order dated 28/08/2023 issued by the Government more particularly, Clause-8 of the said order.

Tara submits that there is already an existing PHC with compound wall at Nikte village and therefore, the Director, Social Justice Empowerment and Tribal Affairs department, Government of Arunachal Pradesh, Itanagar, by the letter dated 30/10/2023 could not have directed the BDO Aalo West to execute the construction at Nikte village where there is already an existing PHC.

Against the letter dated 30/10/2023, the petitioner has submitted the representation dated 28/11/2023 to the Secretary Health Service, Government of Arunachal Pradesh, Civil Secretariat, Itanagar, Arunachal Pradesh urging him to construct the PHC at Nikte Kodum Circle Office Headquarters, (KODUM) Werst Siang district, Arunachal Pradesh as Nikte village already has an existing PHC which has been established since 2014 and is functioning properly. The representation submitted by the petitioner has however not evoke any response. Being aggrieved, the petitioner has filed the present PIL seeking the intervention of the Court.

The Itanagar Bench of Justice Kakheto Sema and Justice Malasri Nandi issued notice to the respondents and considering the submissions made by the counsel for the petitioner and considering the facts and circumstances of the case, the Bench granted an interim order suspending the impugned letter dated 30/10/2023 issued by the Director, Social Justice Empowerment and Tribal Affairs department, Government of Arunachal Pradesh, Itanagar, till the next returnable date.

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