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2016 DIGILAW 84 (UTT)

Jeet Madi Raturi v. State of Uttarakhand

2016-02-29

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Jospeh, C.J. (Oral) Prayers in this Public Interest Litigation are as follows: “(I) Issue a writ, order or direction in the nature of mandamus to direct the respondents to construct the Lata Fathepur Sita Kote Bhatt Goan Motor Road according to the aliment and survey dated report 10-03-2005 and not to abolish the band No 13/7 running from Baril nam toke to panalth. (II) Issue a writ, order or direction in the nature of mandamus to direct the respondents to connect the Lata Fathepur Sita Kote Bhatt Goan Motor Road to Government inter college Bhatt Goan, Sil, Nakund and village Bhatt Goan.” 2. A counter affidavit has been filed. Paragraph nos. 5, 6, 7 & 8 of the counter affidavit filed on behalf of respondent no. 2 read as follows: “5. That it is submitted that 13.200 km. Lata, Fathepur, Sitakot, Bhatt Gaon Motor Road has already been constructed by the Public Works Department, and the remaining 300 mtr. Road in which 13/7th bend is proposed has to be constructed by the Public Works Department. 6. That it is submitted that the premix carpeting of Lata, Fathepur, Sitakot, Bhatt Gaon Motor Road upto 13.175 km., cutting and premix carpeting from 13.175 km. to 14.275 km. towards Bhatt Gaon is being done by PMGSY, which was sanctioned by the Central Government on the basis of sanctioned core network of Government of India vide letter dated 04.02.2014 as well as by State Government vide letter dated 05.03.2014. The copy of letter dated 04.02.2014 issued by the Central Government and the copy of letter dated 05.03.2014 issued by State Government are being filed as Annexure No. C.A. 1 and C.A. 2 respectively to this counter affidavit. 7. That it is submitted that the Sitakot-Banoli Motor Road is being constructed by PMGSY as per sanctioned DPR, by which Bhatt Gaon will be directly benefited and Saund, Arsh, Lodas, Chaunthara, Banoli etc. will also benefited indirectly. It is further relevant to submit here that no dispute had arised in construction of Sitakot-Banoli Motor Road, which is being constructed by PMGSY, and there is no technical difficulty in construction of said Motor Road with PMGSY, the construction work is being examined by a three tier system comprising departmental officers, State Quality Monitor, National Quality Monitor. 8. It is further relevant to submit here that no dispute had arised in construction of Sitakot-Banoli Motor Road, which is being constructed by PMGSY, and there is no technical difficulty in construction of said Motor Road with PMGSY, the construction work is being examined by a three tier system comprising departmental officers, State Quality Monitor, National Quality Monitor. 8. That it is submitted that the instant writ petition has been filed with regard to construction of 300 mtr. Motor Road as well as 13/7th Bend, which is to be constructed by Public Works Department after releasing of funds by State Government, in which the PMGSY has no concern.” 3. We have heard Mr. Tanuj Semwal, learned counsel for the petitioner and also Mr. Rajeev Singh Bisht, Brief Holder for the State of Uttarakhand. 4. According to the learned Brief Holder for the State, the bend is not going to be abolished and regarding the second prayer, it is submitted that a proposal is pending before the Government. 5. We record the statements made in the counter affidavit and also the submissions made before us by the learned Brief Holder and dispose of the writ petition.