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Uttarakhand High Court · body

2016 DIGILAW 937 (UTT)

Ashok Lakhera v. State of Uttarakhand

2016-12-07

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Miscellaneous Application (I.A. No. 5557 of 2016) is allowed. Supplementary affidavit is taken on record. 2. Heard. 3. Petitioner has approached this Court seeking the following relief: “(a) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to complete the construction of storm water drainage system near Anurag Nursery, Kanwali Road, Dehradun within three months or within such further another time as may be prescribed by this Hon’ble Court.” 4. Briefly put, the case of the petitioner is as follows: Petitioners are resident of Kalindi Enclave situated near Balliwala Chowk, Dehradun. The resident of the petitioners’ locality were suffering because of the spread of storm water near Anurag Nursery, Kanwali road, Dehradun. The storm water so accumulating was creating menace of various ailments. It had become the mosquito nursery and mosquitoes spreading dengue, malaria and various other kinds of ailments were hatching from this nursery. On a representation of local residents, the government took up the issue of construction of storm water drainage system near Anurag Nursery. Having obtained consent of the Executive Engineer, Jal Nigam, the construction of storm water drainage system was finalized after taking into account various ailments. Thereafter, Uttarakhand Payjal Sansadhan Vikas and Nirman Nigam, Dehradun was appointed/engaged, as executing agency for the project. On 28.07.2016, the District Magistrate, Dehradun passed final order. It is stated that the cost of the project was also estimated and vide order dated 09.03.2016, the Secretary, Urban Development, Uttarakhand Government issued minutes of the meeting of State Level Committee for Atal Navinikaran and Shahri Parivartan Missan and while approving different projects for different Nagar Nigam of Uttarakhand approved the aforesaid project and also sanctioned Rs. 0.89 crore for the same. Despite of approval of the aforesaid project and allocation of the money, no steps were taken by the respondent no. 2. Thereafter, applications under the Right to Information Act were filed by the petitioner. In reply whereof the details of the amount allocated for the project, as mentioned above, were supplied. It is alleged that the amount for construction of the project has already been sanctioned and 20% amount has already been paid to the Executing Agency by the respondent no. 2; but, the respondents are not taking any action for construction and completion of the said project. It is alleged that the amount for construction of the project has already been sanctioned and 20% amount has already been paid to the Executing Agency by the respondent no. 2; but, the respondents are not taking any action for construction and completion of the said project. Thereafter, on 30.08.2016, petitioners filed an application before the Executing Engineer, Uttarakhand Payjal Sansadhan Vikas Avam Nirman Nigam to expedite the construction of storm water drainage system. Hence, this writ petition. 5. The grievance of the petitioner is that application was filed by the petitioners before Executive Engineer, Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam, Dehradun on 30.08.2016 for completion of work; but, no decision has been taken on the same till date. 6. It is contended by the learned counsel for the petitioner that budget has been sanctioned and delay in completion of project is causing hardships to the petitioners. 7. It is submitted by the learned counsel for the respondent no. 2 that the budget has been sanctioned and tender has also been awarded for the construction of storm water drainage system and the work will be completed within a period of six months. 8. Recording the above submission of the learned counsel for the respondent no. 2 that the construction of storm water drainage system will be completed within six months, as prayed by the petitioners, the writ petition is closed.