Research › Search › Judgment

Himachal Pradesh High Court · body

2017 DIGILAW 1390 (HP)

Court on its own motion v. State of H. P.

2017-12-14

SANDEEP SHARMA, SANJAY KAROL

body2017
JUDGMENT : Per Sandeep Sharma,J. (Oral) Taking suo motu cognizance of news item published in =Amar Ujala', wherein it was reported that there is no motorable road to villages; namely; Dakolu, Odi, Bagain, Chagaintu, Larki and Jummuthach and people living in these villages are facing hardship in their day to day life, the Chief Justice of this Court treated the same as Public Interest Litigation. 2. Apart from aforesaid news item published in daily newspaper, this Court also received letter petition addressed to the Chief Justice of this Court from one Smt.Sunaya Devi resident of village Jummuthach, alleging therein that residents of villages; namely; Jummuthach, Bagain, Larki, Rachela, Dakolu, Karail, Dagroth, Kimunall, Bagaintoo, Post Office Kotighat, Tehsil Kumarsain, have no road facility and as such, it is difficult for them to reach the nearest place where shops are located to meet their daily requirements. Letter petitioner further averred that there is no provision to take sick/ailing patients to the hospital and as such they are compelled to take them to the hospital on the cot. 3. After having taken note of aforesaid news item as well as letter petition sent by villagers, this Court called upon learned Deputy Advocate General, representing the State of Himachal Pradesh to have instructions in the matter. 4. Superintending Engineer, 11th Circle, HPPWD, Rampur Bushahr in his affidavit also acknowledged that residents of villages, mentioned hereinabove, are not connected with any motorable road. However, he, in his affidavit, stated that villages; namely; Kimmunal, Karail, Dagroth, Bagaintoo, Dakolu are proposed to be connected through motorable road under Schedule Caste Component Plan, for which forest case under Forest (Conservation) Act, 1980 (for short 'FCA?) for construction of road from Kotighat to Dakolu via Bagaintoo with budget code 2011-307-460 has been submitted online to forest authority. He further revealed in his affidavit that total length of proposed road is 5.510 Kms., out of which 2.900 Kms falls in Government land and 2.610 Kms. falls in private land. The gift deed of the private land has been received and approval under FCA is awaited from forest authority and the said road shall be constructed after the approval under FCA is received. 5. Pursuant to filing of aforesaid affidavit, this Court impleaded Ministry of Environment Forests & Climate Change, Government of India, (for short “MoEF&CC”), as party respondent. The gift deed of the private land has been received and approval under FCA is awaited from forest authority and the said road shall be constructed after the approval under FCA is received. 5. Pursuant to filing of aforesaid affidavit, this Court impleaded Ministry of Environment Forests & Climate Change, Government of India, (for short “MoEF&CC”), as party respondent. Conservator of Forests in Regional Office (NCZ) of “MoEF&CC”), in his affidavit dated 25.05.2017 has revealed that proposal seeking diversion of 2.0992 of forest land in favour of HPPWD for the construction of link road from Kotighat to Dakolu via Bagaintoo (Kms.0/00 to 5/510) within the jurisdiction of Kotgarh Forest Division, District Shimla, Himachal Pradesh, stands processed and =In principle' approval has been accorded in this case under the provisions of the FCA vide communication dated 10.04.2017. Conservator of Forests, “MoEF&CC”), has also stated in his affidavit that no further proposal, save and except, seeking diversion of forest land for the construction of such road under the provisions of FCA has been received from the State of Himachal Pradesh. 6. In response to aforesaid affidavit, Executive Engineer, HPPWD Divison Kumarsain, District Shimla, H.P. has filed his affidavit to the following effect:- “2. That the respondent/deponent in compliance to the above orders of this Hon?ble Court have personally verified the factual position and status report with regard to the road connectivity of the area involved is submitted as under:- (I) That the motorable road from Kimmunal, Karail, Dagroth, Bagaintoo, Dakolu has been proposed to be constructed under Schedule Caste Component Plan and provisions have been made in the budget code of 2011-307-407. The total length of this road will be 5.510 Kms out of which 2.900 Kms falls under the forest land and 2.610 Kms in private land. Gift deeds in respect of the private land have been received. The Inprincipal approval under FCA 1980 for the purpose of the construction of road to the said villages has been accorded by the Govt. of India on dated 10.04.2017 (Annexure-R-1) and further the NPV amounting to Rs.27,70,118/- has been deposited by PWD to the Forest Department on dated 18.08.2017. The D.F.O. Kotgarh was requested vide Executive Engineer, Kumarsain vide his letter No.PW-KMS-WA-Forest Case/2017-5240- 41 dated 23.08.2017 (Annexure R-II) for necessary permission of felling of trees coming in the alignment of road. of India on dated 10.04.2017 (Annexure-R-1) and further the NPV amounting to Rs.27,70,118/- has been deposited by PWD to the Forest Department on dated 18.08.2017. The D.F.O. Kotgarh was requested vide Executive Engineer, Kumarsain vide his letter No.PW-KMS-WA-Forest Case/2017-5240- 41 dated 23.08.2017 (Annexure R-II) for necessary permission of felling of trees coming in the alignment of road. But the felling of trees has not been done by the forest department till date. Simultaneously, the tender for the formation cutting in 1.510 Kms were invited by the Executive Engineer, Kumarsain division and were opened on 11.08.2017 and further the work has been awarded to lowest contractor on dated 07.092017 (Annexure-R-III). But the work cannot be started till the felling of trees coming in the alignment of road is done by the forest corporation. (II) That the survey of the Ghanapani to Pichla Ahar road has been completed by the deponent and the field book has been received from the Tehsildar Kumarsain & requisite gift deeds has been received from respective private land owners. The Forest case under FCA 1980 is being processed & the Digital Map of the road is under preparations. (III) That the construction of road from Pichla Ahar to village Larki, Rachela, Bagain up to Jammuthach, it is submitted that the survey has been done on 26.11.2016. Total length of road is about 12.280 Kms which includes about 11.600 Kms of forest land and about 0.680 Kms is private land. This road at present is not covered under any scheme. Further construction of this road is possible only after Gahanpani to Pichla Ahar road is constructed.” 7. Perusal of affidavit, having been filed by Executive Engineer, Kumarsain Division, clearly suggests that sufficient money is available for the construction of roads qua which permission under FCA has been granted by “MoEF&CC”). Affidavit further reveals that an amount of Rs.27,70,118/- stands deposited by Public Works Department (for short 'PWD?) with the Forest Department. PWD has also made request to Forest Department for issuance of necessary permission for felling of trees coming in the alignment of the road. It also emerge from the affidavit that the cutting work qua 1.510 Kms has already been awarded to lowest bidder/contractor on 07.09.2017, but since necessary permission has not been granted by Forest Department for felling trees, work could not be started on the site. 8. It also emerge from the affidavit that the cutting work qua 1.510 Kms has already been awarded to lowest bidder/contractor on 07.09.2017, but since necessary permission has not been granted by Forest Department for felling trees, work could not be started on the site. 8. Careful perusal of aforesaid affidavit further suggests that necessary steps are also being taken up by PWD for construction of other roads, named hereinabove, and work on the same shall also be started by PWD after having obtained necessary permission from the Forest Department as well as “MoEF&CC”). 9. After having carefully perused the aforesaid affidavit filed on behalf of respondents-State, we are satisfied that all possible necessary steps have been taken by the PWD Department for construction of roads in question and as such this Court sees no occasion to keep the present petition alive and as such deems it proper to close the same with the following directions that the:- (1) Divisional Forest Officer, Forest Division, Kotgarh, Tehsil Kumarsain, District Shimla, H.P. shall issue necessary permission for felling of trees for the construction of link road from Kotighat to Dakolu via Bagnaitu immediately, preferably within a period of one week. (2) Executive Engineer, HPPWD, Kumarsain Division shall ensure that proposal for diversion of forest land for construction of other roads, as mentioned in the petition, are submitted to “MoEF&CC”) within two weeks, whereafter necessary orders shall be passed by Conservator of Forests, in Regional Office (NCZ) of “MoEF&CC”), for diversion of forest land. 10. This Court hopes and trust that sincere efforts shall be made by the authorities concerned to construct roads, detailed hereinabove, within a period of one year from the date of passing of this order. Needless to say that letter petitioner shall be at liberty to approach this Court again in case needful is not done by the concerned authorities within stipulated time. This petition is disposed of in the aforesaid directions. 11. Registry is directed to send a copy of this judgment to the Divisional Forest Officer, Forest Division, Kotgarh, Tehsil Kumarsain, District Shimla, H.P., Executive Engineer, HPPWD, Kumarsain Division, District Shimla, Conservator of Forests in Regional Office (NCZ) of Ministry of Environment Forests & Climate Change, Government of India, for necessary action on their part as well as to the letter petitioner to enable her to take follow up action with the concerned authorities.