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2010 DIGILAW 46 (JHR)

Shambhu Pd. Gupta v. State of Jharkhand

2010-01-08

D.G.R.PATNAIK

body2010
Order Heard the counsel for the parties. 2. The petitioner in this writ petition has prayed for issuance of a writ of mandamus commanding upon the respondents to provide connecting road/bridge to the petitioners' land over the. portion of Palasbani Minor Canal in Plot No. 773 under Khata No. 226, constructed in Village-Simuldagan, Block-Baligunia, DistrictEast Singhbhum under the Swaran Rekha Project, Minor Projects Division. 3. The case of the petitioner, in brief, is that he had purchased a piece of land from its rightful owner in the year 2001. The petitioner has established his factory within the premises purchased by him. 4. Learned counsel for the petitioner explains that though the Swaran Rekha Project, Minor Projects Division was conceived and started several years ago, but no initiative were taken by the respondents under the said Project to dig and construct the proposed canal on the two flanks of the approach road. The petitioner was all along availing the benefit of the approach road for access to his land but with the proposed digging of the canal on both flanks of the road, access to his lands cannot be possible. 5. Learned counsel further adds that the petitioner has established his business and has obtained the requisite licenses from the various authorities of the State Government and the Central Government. The deprivation of the access road to his land would amount to deprive him of his fundamental right to continue with his business. 6. Learned counsel further adds that earlier the petitioner had requested the concerned authorities of the respondents to construct the bridge/culvert over the proposed canal at a convenient site so as to enable the petitioner easy and affordable access to his factory across the canal. Such bridges have been constructed by the respondents at several points to enable the villagers and other occupants to have access to his lands across the canal. Learned counsel further adds that as appearing from the counter affidavit of the respondent, the only objection to the petitioner's request for construction of a culvert/bridge over the canal is that it will involve expenditure from public exchequer. Learned counsel further adds that as appearing from the counter affidavit of the respondent, the only objection to the petitioner's request for construction of a culvert/bridge over the canal is that it will involve expenditure from public exchequer. The petitioner, according to the learned counsel, is prepared to bear the expenditure for construction of the bridge over the canal at the site proposed by him and in the light of the petitioners' offer, the respondents should not have any further objection to the construction of the bridge over the canal. 7. Learned counsel for the respondents, on the other hand, submits that Swaran Rekha Project was commenced long ago and much prior to the date when the petitioners had purchased the lands, the plans for digging and constructing the canals were proposed, and the work had commenced. Learned counsel adds that at convenient places, construction of bridges have also been planned. 8. Learned counsel further adds since the petitioner has now submitted his offer, it will be for the concerned authorities of the respondents to consider the offer and assess the feasibility for constructing a bridge as prayed for by the petitioner at a suitable and appropriate place, in the light of the petitioner's offer. 9. In the light of the above submissions and in the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file a fresh representation before the concerned authorities of the respondents particularly respondent no. 2, placing his request and also stating the offer made by him regarding bearing the expenditure and within two months from the date of receipt of the representation the respondents shall consider the same and take an appropriate decision in accordance with law and the Rules as applicable upon the request of the petitioner for constructing a bridge over the canal to enable his access to his lands. Such decision shall be effectively communicated to the petitioner. 10. With these observations and directions, this writ petition is disposed of at the admission stage. 11. Let a copy of this order be handed over to the counsel appearing for the respondents.