Uttarakhand HC Upholds Transfer Of College Land To Health Dept, Says Govt's Wisdom On Land Use Not Open To Judicial Review Unless Arbitrary

The Uttarakhand High Court has held that the decision of the Government regarding the use of land cannot be subjected to judicial review unless it is shown to be illegal or arbitrary. The Court observed that such decisions, taken in the public interest by the State, do not warrant interference in writ jurisdiction.A Division Bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay was hearing a special appeal filed against the order of the Single Judge dismissing a writ petition challenging the Government's decision to transfer land belonging to a Government Inter College to the Health Department. The appellant, claiming to be President of the Parents-Teacher Association, along with another person whose father had donated the land, had questioned the diversion of land initially allotted to the college. The Single Judge had dismissed the petition both on the ground of locus as well as on merits.The record showed that the land in question had originally been donated for the Government Inter College. Subsequently, considering the proximity of a District Hospital, the Government decided to transfer the land to the Health Department for the construction of a Critical Care Unit. Though the unit was later constructed at another location, the same land was thereafter allotted for the construction of residential accommodation for doctors.The appellant contended that under the applicable regulations, the Parents-Teacher Association had a duty to ensure preservation of the property of the institution and therefore had locus to challenge the transfer. The Court noted that the institution itself had not raised any grievance and that both the Education Department and the Health Department are wings of the State Government. It observed that the State, being the custodian of public land, is entitled to decide its use, keeping in view the public interest and requirements of the region.The Court further observed that the decision to utilise the land for augmenting medical facilities in a remote hill town was taken in the public interest. It held that the reasoning of the Single Judge that such decisions cannot be interfered with unless shown to be illegal or arbitrary was correct.“The State Government keeping in mind the public interest and the requirements had taken decision for use of land in a particular manner. The learned Single Judge is right in saying that the wisdom of the Government in this regard cannot be subjected to judicial review unless the decision is shown to be totally illegal or arbitrary,” the Court observed. Accordingly, the High Court dismissed the special appeal and upheld the order of the Single Judge.Case Title: Arti vs. State of Uttarakhand & Ors. [Special Appeal No. 52 of 2026]Click Here To Read/Download Order

Uttarakhand HC Upholds Transfer Of College Land To Health Dept, Says Govt's Wisdom On Land Use Not Open To Judicial Review Unless Arbitrary

Saksham Vaishya

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