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2010 DIGILAW 341 (KAR)

SREE CAUVERY JANMA BROOMI TRUST (R), CHERANGALA VILLAGE, MADIKERI TALUK, KODAGU DISTRICT v. STATE OF KARNATAKA

2010-03-18

B.V.PINTO, V.GOPALA GOWDA

body2010
ORDER Sree Cauvery Janma Bhoomi Trust represented by its Managing Trustee Sri M.C. Ravi Kumar has filed this public interest litigation seeking for issuing a writ of mandamus or any other suitable writ, order or direction directing the respondents 1 and 2 to process execution of work of motorable road at Cherangala and Korangala Villages, Bhagamandala Hobli, Madikeri Taluk, Kodagu District under the Pradhan Mantri Gram Sadak Yojana Scheme ('PMGSY Scheme' for short) to ensure its completion before the onset of Monsoon of 2010 urging relevant facts at paragraphs 10 and 11, which reads thus: "10. The children of the Village who pursue education have to travel 2 to 3 Km to reach to a Government Lower Primary School Class 1 to 5 and even Anganawadi situate in the heart almost nucleus of the village and when it comes to going to middle school the distance is 5 km and the High school is 8 km one way. Such being the topography and the placement of houses, the children are unable to commute properly to school, due to which more specifically the girls dropout from education at primary and middle class level. The absence of motorable all weather road, all these years had compelled every citizens living in the village who has no option but to depend on head load transportation to carry any goods from a urban centre to ones place of residence. Be it manure, cement, wood, tiles, grocery and a immovable patient. Such has been the prevailing condition of the villages since time immemorial due to which there has been a retarded yet slow economic growth and the needed exposure to the competitive world outside. Motorable road to met the need of transportation has been a mega problem if only solved will wipe away several micro-economic problems. 11. The petitioner submits that, the Government schemes for rural development gets stagnated for want of proper motorable all weather road. Looked in any spectrum of economic, health, education, nutrition, agriculture fields, the want of road has in a way of disabled the citizens to accelerate their economic and social growth. 11. The petitioner submits that, the Government schemes for rural development gets stagnated for want of proper motorable all weather road. Looked in any spectrum of economic, health, education, nutrition, agriculture fields, the want of road has in a way of disabled the citizens to accelerate their economic and social growth. Towards this when the Pradhan Mantri Gram Sadak Yojana Scheme a visionary project came to be mooted by the Central Government, the representatives of the people, be it in the Parliament, or the State Legislature, did not evince, interest and suo motu evaluated the competition of data and to put forward their proposal to the authorities and statutory bodies inspite of powers vested in them towards constituency development. Since this need of motorable road remains a urgent need, the petitioner herein had forwarded detailed representation dated 26-6-2008 to several statutory functionaries both at the centre and at the State Government level. Copy of the representation sent is produced herewith as Annexure-D". 2. It is further stated that representation was sent to the Ministry of Rural Development, Government of India, New Delhi on 26-6-2008 for which the Central Government sent reply on 21-7-2008. The response received from the Central Government is produced at Annexure-E. The subject of the letter addressed to the State of Karnataka reads thus: "Subject: Need of rural all season motorable road at Cherangala and Korangala Village, Bhagamandala Robli, Madikeri Taluk, Kodagu District, Karnataka State under Prime Minister Gram Sadak Yojana (PMGSY)". 3. The petitioner-trust received a copy of the letter addressed by the Chief Executive Officer/2nd respondent communicating to its Engineering Division seeking report vide letter dated 8-8-2008 and its English translation is at Annexure-J. It is the grievance of the petitioner that respondents 1 and 2 did not communicate any follow up steps taken in this regard and the Engineering section of the Zilla Panchayat slept over the matter. The villagers of both Cherangala and Korangala Villages made a written representation in detail to the Gram Panchayat office at Bhagamandala on 18-8-2008 bringing to its notice the desperate need of the 'motorable all weather road' under the Pradhan Mantri Gram Sadak Yojana. The villagers of both Cherangala and Korangala Villages made a written representation in detail to the Gram Panchayat office at Bhagamandala on 18-8-2008 bringing to its notice the desperate need of the 'motorable all weather road' under the Pradhan Mantri Gram Sadak Yojana. The Gram Panchayat received the representation and discussed the subject-matter of roads for the aforesaid two villages under the PMGSY Scheme and it has passed a resolution and sent it to the 2nd respondent vide Annexure-L. Despite the same, petitioners have not been informed the further steps taken for the formation of the road under the PMGSY Scheme. An enquiry with regard to the implementation of the PMGSY Scheme in Kodagu district would indicate that there exists grave lapses and much of the funds are incorrectly diverted for repairs of the roads that the State Government had taken under its scheme. Since no work was executed by the respondents 1 and 2, petitioners sent communication to respondents 1 and 2 and also to the Executive Officer of Taluk Panchayat and to the Deputy Commissioner on 16-3-2009. Since no action has been taken inspite of service of notice, the present petition is filed seeking for the reliefs stated supra. 4. We have heard the party-in-person - Ravi Kumar on behalf of the petitioner-trust and the learned Government Advocate Mr. Basavaraj Kareddy. 5. Raving regard to the facts pleaded in this case, learned Government Advocate fairly submits that under the PMGSY Scheme, formation of roads will be in a phased manner on the basis of the need and requirement and on the priority basis. The formation of the roads to the villages is concerned, it has not attained its priority. Learned Government Advocate submits that having regard to the urgent need and requirement of 'motorable and all weather road', the same will be done if some time is granted to the respondents 1 and 2. 6. The formation of the roads to the villages is concerned, it has not attained its priority. Learned Government Advocate submits that having regard to the urgent need and requirement of 'motorable and all weather road', the same will be done if some time is granted to the respondents 1 and 2. 6. Having regard to the submission of the learned Government Advocate and keeping in view the fact that those two villages are the last villages of the Karnataka State and large number of school going children are required to walk the distance of 8 kilometers to reach the High School in one way causing lot of problems and inconvenience, it is the duty of the Central and State Governments to see that motorable roads are provided to the above two villages to facilitate children to go to schools, farmers to go to town to get the essential commodities and to see that whatever the agricultural crops grown by the farmers is marketed in the towns and cities. Unless road is formed, it is not possible for the development of the villages. It would be proper to provide basic infrastructure to the villages at least now after completion of 63 years of independence of this country. Therefore, a direction is given to respondents 1 and 2 to see that the roads are formed to the aforesaid villages either under the PMGSY Scheme or under any other scheme of the State Government and for which necessary funds to be released and see that the roads shall be completed before the Monsoon of 2011. 7. With the above observations and directions, this writ petition is disposed of.