HC grants access to recreational facility at Carmona

Panaji: The high court of Bombay at Goa has directed the medical officer of the primary health centre (PHC), Chinchinim, to allow citizens free access to a public recreational facility and two new toilets at Jorge ward in Carmona.
The officer has been directed to immediately remove the lock on the facility.
Former sarpanch of Carmona, Allwyn Jorge, filed a public interest petition (PIL) stating that the public recreational facility, opened in December 2019, has been locked by the medical officer of the Chinchinim PHC, thus depriving senior citizens and children of the space since March 2022.
The rural medical dispensary and sub-health centre of Carmona comes under the jurisdiction of the Chinchinim PHC.
In his petition, Jorge stated that the facility is closed on weekdays at 4.30pm, at 12.30pm on Saturdays, and all day on Sunday and public holidays. Besides, the facility is unusable early mornings.
He stated that locking the gate of the premises has resulted in children being unable to use the rides in the evening and senior citizens unable to go for a walk or villagers unable to play badminton.
During the hearing on Tuesday, additional government advocate Shubham Priolkar told the court that the medical officer who put the lock and who retains the key stated that the panchayat should first appoint a watchman and only thereafter will the medical officer hand over the key and allow the park and recreational facilities to be utilised by the members of the public.
“In any case, we do not think that the medical officer or the health officer is empowered to take law in his own hands and put a lock on a facility, which is meant for the members of the public. The issue about appointment of watchman or caretaker can, of course, be sorted out by the government with the panchayat. However, this does not entitle the medical officer to himself put a lock to the facility or prevent any members of the public from utilising this facility,” stated the division bench comprising Justices Mahesh Sonak and R N Laddha.
The court directed the panchayat to take steps to see that the community toilets are kept clean and that there is sufficient water supply.