Madhya Pradesh High Court Dismisses PIL Challenging Sub Health Centre Construction In Dewas District

The Madhya Pradesh High Court has dismissed a public interest litigation challenging the construction of a Sub Health Centre on government land in Dewas district, holding that courts cannot interfere in purely administrative decisions in the absence of mala fide intent or legal infirmity.

The Division Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi made it clear that once due procedure has been followed and no illegality is demonstrated, judicial review cannot be invoked merely because an individual disagrees with the chosen site.

The order was passed in Writ Petition No. 49583 of 2025 filed by Radheshyam, a resident of Village Dhavadiya and a former Panch of the Gram Panchayat. The petitioner questioned the allotment of government land bearing Survey No. 372 and the issuance of a work order dated December 30, 2024, for construction of a Sub Health Centre at Village Majrakheda/Dhavadiya in District Dewas. He sought directions to shift the proposed health facility to a different location suggested by him.

Appearing for the petitioner, Advocate Ashish Choubey argued that the shifting of the construction site from Village Dhavadiya to Village Majrakheda was illegal, arbitrary, and contrary to the sanction granted under the National Health Mission. It was contended that public funds sanctioned for a specific village could not be diverted without justification, and that the respondents’ action defeated the purpose of the scheme.

On behalf of the State, Deputy Advocate General Shrey Raj Saxena, along with Advocate Romesh Dave for respondent No. 3, opposed the petition. The State relied on documents placed on record, including a sanction letter dated March 6, 2024, issued under the National Health Mission, to show that an amount of Rs. 65 lakh had been approved for a Sub Health Centre listed as Dhavadiya at Serial No. 2. Crucially, the sanction document did not specify any particular survey number or exact site within the village.

The respondents further pointed to a report submitted by the Janpad Panchayat, Bagli to the Sub Divisional Officer, which identified government land bearing Survey No. 372, admeasuring 0.400 hectare, as the selected site for construction. It was also brought to the Court’s attention that the Gram Panchayat had approved the site through a resolution dated April 14, 2023. According to the State, the chosen location would cater not only to Dhavadiya but also to residents of five surrounding villages, thereby serving a larger public interest.

After hearing the parties and examining the record, the bench found no substance in the petitioner’s allegations. The court observed that the construction was indeed being undertaken on Survey No. 372 and not on any other land parcel, as alleged. The decision, it noted, was supported by official reports and a Gram Panchayat resolution.

In unequivocal terms, the court held, “There is no illegality in the decision taken by the respondents for construction of Sub Health Centre on survey No.372.” Emphasising the limited scope of judicial review in administrative matters, the bench added, “The said decision is purely an administrative decision and since there is no allegation of malafide, no interference is called for in the administrative decision.”

The writ petition was consequently dismissed as being “devoid of merit,” with no order as to costs.

Case Title: Radheshyam v. State of Madhya Pradesh Through Principal Secretary, Govt. of Madhya Pradesh Public Health and Family W and Others

Date of Order: February 25, 2026

Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi