The Jammu & Kashmir and Ladakh High Court has held that the selection of a site for a government facility such as a Health Sub-Centre is a matter of policy and falls within the exclusive domain of the competent authority, and that no private individual or group can insist on a particular location.

The Court was hearing a writ petition seeking the immediate shifting of the Health Sub-Centre at Seenthakran, Tehsil and District Udhampur, from one ward of the village to another.
A Bench comprising Justice Moksha Khajuria Kazmi observed that decisions relating to public infrastructure and allocation of resources are policy matters entrusted to administrative authorities. “Authorities are legally competent to decide the site based on planning norms, technical criteria and policy considerations, and no private party has a right to unilaterally dictate the location,” the Court held.
However, the Court clarified that the principle of administrative fairness requires authorities to duly consider any representations or objections raised by residents who may be affected by such decisions, particularly if concerns are raised regarding accessibility or equity.
The Court further noted that while the petitioners have no enforceable right to demand construction of the Health Sub-Centre at a specific location, their representations must be genuinely considered before a final decision is taken.
The petitioners were represented by Advocate Rahil Raj, while the respondents were represented by Additional Advocate General Raman Sharma. The writ petition was accordingly disposed of.