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Himachal Pradesh High Court · body

2018 DIGILAW 108 (HP)

Court On Its Own Motion v. State Of H. P.

2018-01-09

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A. C. J. - On the basis of a letter petition, to the effect that road from Totu to Vidhan Sabha, and from Boileauganj to High Court is in the worst condition, resulting more so on account of laying of water pipes, making the road to be absolutely full of pot holes and not worthy of travel, this Court, taking suo moto cognizance, issued notice. 2. Allegedly, complainant Manoj Kumar was stuck in the traffic, as a result of poor maintenance of the said road, thus depriving the beneficiaries of his expertise as a person engaged in the health department. 3. On 12. 6. 2017, the Commissioner, Municipal Corporation, Shimla, had filed his personal affidavit, stating that road from Boileauganj to Totu is not under the control of Municipal Corporation. Further, the road from Advanced Studies Chowk to Vidhan Sabha is being maintained by the H. P. Tourism Department, for the same is covered under the beautification project, called as "Mall Road Extension". The road from Boileauganj to High Court junction upto Lift parking is under the control of Himachal Pradesh Public Works Department. Save and except for a small portion of road, starting from Cart Road upto Lift Parking to Shilli Chowk via High Court parking is under the control of the Corporation and is tarred by them. The factum of damage to the road and condition of the road, as a result of laying of water pipes is, however, not disputed. 4. Learned Advocate General was informed of the sensitivity of the matter and while fully appreciating assured that all necessary remedial measures shall be taken at the earliest. 5. On 21. 7. 2017, the Additional District Magistrate (P), Shimla, filed his personal affidavit, inter alia, stating as under: "3. That in compliance of the above direction issued by the replying respondent the Superintending Engineer, 4th circle vide his office letter No. SE. 1V. C. V. Misc. /2017-4800 dated 20-6- 2017 (Annexure-R/4/2) has reported that the riding quality of road from Tawi More to Boileagang up to MLA crossing has been improved in the month of May, 2017. The road condition is now very good and does not require any repair. The portion from MLA Crossing to High court is also in good condition. The road from the Boileauganj via Chaura Maidan up to Vidhan Sabha Chowk is in jurisdiction of Municipal Corporation Shimla, Shimla. The road condition is now very good and does not require any repair. The portion from MLA Crossing to High court is also in good condition. The road from the Boileauganj via Chaura Maidan up to Vidhan Sabha Chowk is in jurisdiction of Municipal Corporation Shimla, Shimla. " 6. Subsequently, on 31. 8. 2017, the Superintending Engineer, 4th Circle, HPPWD, Shimla, filed his personal affidavit, indicating the status of the roads, within Shimla town, more specifically with which we are concerned, in the following terms: "2. That with regard to the status of various works carried out by respondent Public Works deptt. on the roads which falls within the jurisdiction of Public Works deptt. alleged to be in deplorable conditions, its status vis--vis paras of petition are as ujdner: (a) That road from Totu to Power House and Tawi More to MLA Crossing has been repaired by providing 30mm thick bitumen concrete by Executive Engineer HPPWD Rural Division Dhami recently during May and June 2017 and the road from Boileauganj to High Court via entire reaches of Cart Road has also been re-laid with 30 mm thick bituminous layer by Executive Engineer HPPWD Div. No. 1 Shimla, HP. (Copy of tender awarded & completion certificate of both jobs annexed as Annexure R-I). (b) That with respect to allegation leveled in para-2 of the petition the matter falls under the jurisdiction of Municipal Corporation Shimla. Hence, Public Works deptt. has no role in it. (c) That the pot holes from Totu to Power house and Tawi More to MLA crossing and thereafter on Cart road every pot hole has been repaired by providing 30 mm thick bitumen concrete by Executive Engineer HPPWD Rural Div. Dhami during May and June 2017 and Executive Engineer HPPWD Div. No. 1 Shimla, HP. (d) That with respect to allegation leveled in para-4, this area of Chaura Maidan falls under the jurisdiction of Municipal Corporation Shimla. Hence no comments please. (e) That the road from High Court gate to Car road is under the jurisdiction of M. c. Shimla. From Cart road which leads to MLA crossing has recently been tarred with 30 mm thick bituminous layer and is in a good condition as such presently requires no repairs. 3. Hence no comments please. (e) That the road from High Court gate to Car road is under the jurisdiction of M. c. Shimla. From Cart road which leads to MLA crossing has recently been tarred with 30 mm thick bituminous layer and is in a good condition as such presently requires no repairs. 3. That with regard to the allegations leveled in this petition, most of the roads leading from Hon''ble High Court gate to Cart road and on other roads are leaking/overflowing due to which unhygienic condition created, it is respectfully submitted that sewerage overflow due to its blockage earlier used to be regular phenomenon at the point from where link to Hon''ble High Court building starts from Cart road. This work of removal of blockage pertains to sewerage branch of M. C. Shimla and they deserve to be directed to take the remedy measures in this regard. However, as far as possible, with the available means and resources, during favourable summer season respondent Public Works deptt. have carried out bituminous work on all the roads falling within M. C. Shimla area so as to provide best riding quality to the commuters and now these roads are in good condition. " 7. On 15. 12. 2017, again the Commissioner, Municipal Corporation, Shimla, filed his personal affidavit, stating as under: "2. That small stretch of road between the road leading from All India Radio to Advance Study Chowk has been damaged due to on going construction of Circuit House Building being constructed by the H. P. Public Works Department to the Govt. of Himachal Pradesh and as per the information gathered from the tourism Department the said road shall be metalled after the work of the circuit house building is completed by the H. P. Public Works Department. Since, the road in question has been handed over to the Tourism Department under the Beautification Project of Mall Road therefore, necessary repair and tarring work shall be carried out by the Tourism Department immediately after the construction work of the building is completed by the H. P. Public Works Department. 3. Since, the road in question has been handed over to the Tourism Department under the Beautification Project of Mall Road therefore, necessary repair and tarring work shall be carried out by the Tourism Department immediately after the construction work of the building is completed by the H. P. Public Works Department. 3. That the respondent corporation is in the process of finalizing proposal for construction of Ambulance road from Indira Ganghi Medical College, Girls Hostel at Lakkar Bazar to Scandal Point, Mall Road below ICICI Bank as there is a small stretch of road already constructed from Cart Road at Verma Timber Depot to Girls Hostel and thereafter there exists a path upto ICICI Bank which is being maintained by the respondent Corporation and now in the larger public interest possibility are being explored to widened the same and make it as Ambulance road which can be used in the case of emergency as there is no alternate route for Ambulance or other emergency vehicle in the vicinity. The matter is under active consideration and necessary steps are being taken and the same shall be expedited at the earliest after observing all the codal formalities. " 8. On 16. 12. 2017, this Court passed the following interim order: "Learned Advocate General, assures that the road in question i. e. from Chaura Maidan to Advanced Study shall be got fully prepared, in terms of the report, which the experts would prepare after inspection of a particular spot, where construction of the State Guest House is being carried out. Not only the adjoining building shall be re-enforced, but also the level of the road brought back to its original position, so as to make it roadworthy, till the time the road is metalled, which can be so done only after the winter season. He further states that necessary funds both from the Department of Tourism as also the State Government (HP PWD) shall be made available for such purpose. We are sure that the authorities shall carry out work expeditiously and keeping in view the significance and importance of the road and its surrounding areas. We notice that if for repairing the road a particular patch is required to be closed, then the vehicular traffic would not be stopped as there is an alternate road which can conveniently be used. We notice that if for repairing the road a particular patch is required to be closed, then the vehicular traffic would not be stopped as there is an alternate road which can conveniently be used. As such, it shall be open for the authorities to do the needful, if so required and desired. There is yet another issue, which we must highlight and that being absence of putting up of signages, more so, within the Municipal Corporation areas, informing the people of any activity of digging, repair/construction being carried out. The public has a right to be informed of the same. It cannot be left to the mere ipse dixit of the State/its functionaries or the contractor executing the work. After all, Shimla is a pedestrian town and people walking on the road, including women and children must be informed so as to caution them, to avoid any mishap. Also we do not see any signages, prominently displayed about the public conveniences available in the town, which as we understand is now going to be done. Affidavit dated 13. 12. 2017 that of the Commissioner, Municipal Corporation, Shimla is taken on record. The works indicated in the said affidavit be expedited and affidavit of compliance be filed before the next date of hearing. List on 02. 01. 2018" 9. On 1. 1. 2018, with regard to the Ambulance Road from IGMC Girls Hostel to Scandal Point, Shimla, the Commissioner, Municipal Corporation, Shimla, filed his affidavit, inter alia, making the following averments: "2. That the sanction for construction of road was accorded on 1. 1. 2018 and an amount of Rs. 7,50,000/- has been sanctioned for the purpose. The tenders shall be sent for publication on 2. 1. 2018 and the process of finalization of the tender shall be completed within three weeks. Thereafter, the construction work shall be started after allotment of the work to the successful bidder. " 10. Learned Advocate General clarified that work of protection and restoration of the official residence of Hon''ble the Chief Justice of Himachal Pradesh shall positively be undertaken at the earliest, even though metalling work may be delayed, on account of climatic conditions. 11. Today, Mr. Hamender Chandel, learned counsel for the Corporation, also states that process for issuance of tender and award of work is in progress and needful shall positively be done within a period of two weeks. 11. Today, Mr. Hamender Chandel, learned counsel for the Corporation, also states that process for issuance of tender and award of work is in progress and needful shall positively be done within a period of two weeks. Whereafter, the work in question shall commence. Further, the work would be expedited and if required additional funds shall also be provided for. This he states with regard to the Ambulance road to be constructed from the Girls Hostel to the Scandal Point. 12. Having considered the matter and in view of the assurances given by the learned Advocate General as also the State, we deem it appropriate to close the present proceedings, with the following directions: (a) All roads, subject matter of the present petition, including the one from Vidhan Sabha to Vice Regal Lodge and the Ambulance Road from the IGMC Girls Hostel to the Mall Road shall positively be completed within a period of three months from today. (b) Budgetary allocation shall be made by the Municipal Corporation, Shimla or other already identified agencies. (c) Municipal Corporation, Shimla, shall ensure compliance of the orders passed by this Court. (d) Commissioner, Municipal Corporation, shall file his personal affidavit of compliance by 4. 5. 2018. 13. We place on record our appreciation for the assistance rendered by Mr. Deven Khanna, learned Amicus, who, on the instructions of this Court, contacted the letter petitioners and obtained necessary feedback. 14. Registry is directed to send a copy of this judgment to the Commissioner, Municipal Corporation, Shimla, for necessary action. Also, learned Amicus shall contact the letter petitioners and apprise them of passing of this judgment, to enable them to take follow up action with the concerned authorities. 15. Present proceedings stand closed. Pending application(s), if any, also stand disposed of. Only for the purpose of compliance affidavit, the matter be listed before the Additional Registrar (Judicial) of this Court, on 4. 5. 2018.