Gurugram: Defending the right to practice a profession or trade guaranteed under the Constitution, the Punjab and Haryana High Court Thursday dismissed a plea seeking a direction to the Haryana government to not confirm the sale of a parcel of land in Panchkula’s Sector 21. The plot was bought by Alchemist Hospital, a multi-specialty private hospital in Panchkula, and its associated facilities, in an e-auction in 2021.
Petitioners, who are owners of residential properties in Sector 21, cited traffic congestion and inadequate infrastructure as grounds for their opposition to the sale of land.
They also sought quashing of a revised layout plan for Panchkula’s Sector 21, which involved conversion of the parcel of land—initially earmarked for a nursery and primary school—into three plots for nursing homes.
In the petition, it was argued that the revised layout plan, approved on 25 October, 2021, was arbitrary and violated principles of natural justice; adding that the original plan reserved the parcel of land for educational purposes, and the revised layout plan would exacerbate existing infrastructure challenges, including traffic congestion.
They also alleged that the e-auction was conducted in haste and lacked transparency, and the revised plan was tailored to benefit specific parties.
But the high court rejected these concerns, emphasising that a multi-level parking facility had been planned by the Haryana Shehri Vikas Pradhikaran (HSVP) to mitigate traffic issues. In its detailed judgment, the bench underscored that the right to practice a profession or trade, as guaranteed under Article 19(1)(g) of the Constitution of India, cannot be curtailed without substantial evidence of harm to the rights of others.
The hospital’s expansion, it ruled, would not violate the rights of the petitioners who the high court said failed to provide concrete evidence to substantiate their contentions.
The division bench of Justice Sureshwar Thakur and Justice Vikas Suri found no statutory requirement mandating invitation of objections from the public before a revised layout plan is finalised. It emphasised that petitioners failed to demonstrate any palpable prejudice caused by the revision.
The high court highlighted that the revised plan included provisions for multi-level parking, addressing the petitioners’ concerns about traffic congestion. It also underscored the benefits of augmenting healthcare infrastructure through the establishment of nursing homes.
Nursing homes would not only augment healthcare services but also provide critical training opportunities for nurses, improving overall health infrastructure of the area, the bench observed.
(Edited by Amrtansh Arora)
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