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2018 DIGILAW 1342 (HP)

Jan Kalyan Vikas Manch v. State Of H P

2018-07-19

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sandeep Sharma, J. - Being aggrieved and disappointed with indifferent and callous attitude of authorities concerned towards over all developments of village Garli, which is otherwise a heritage village, residents of the village/area have approached this Court through petitioner Jan Kalyan Vikas Manch in the instant proceeding filed under Section 226 of the Constitution of India, seeking therein directions to the respondents to carry out work of repair, widening and laying of bitumen on roads leading from Sadwan via Garli, Nahan Nagrota to Chamba Pattan and Sadwan via Maniala, Kathiara, Chamba Khas, Kaleshwar to Kuhna via pass, Tehsil Paragpur & Rakkar, District Kangra, Himachal Pradesh. 2. Averments contained in the petition as well as documents placed on record, clearly suggest that the respondents despite repeated representations/requests having been made by the residents of village Garli individually or through petitionerSociety, failed to redress their grievances and as such, matter has ultimately landed before this Court. All the major roads either passing through village Garli or connecting village Garli are in dilapidated condition, causing great hardship to the villagers. Allegedly, many bus operators with a view to save their vehicles from damage have already changed their route. It is not in dispute that many tourists from various part of the country or other parts of globe oftenly visit village Garli due to its historic importance. Many tourists visit village Garli with a view to study the old culture and have a look of antique "Heveli''s " of Garli, constructed during British Rule prior to independence. But, people visiting village, Garli faces lot of hardship because of bad road conditions. It is averred in the petition that authorities have been repeatedly requested to repair the big potholes on the roads, detailed hereinabove, and thereafter metal the same by laying down thick lair of bitumen or concrete, but unfortunately such prayers have fallen to deaf ear. 3. Perusal of reply filed on behalf of respondents No.1 to 4, suggests that after issuance of notices by this Court, authorities have awaken from the deep slumber and certain steps are being taken for repair and reconstruction of the roads in question. Superintendent Engineer, 9th Circle, HP,PWD, Nurpur in his affidavit, has virtually admitted the factum with regard to dilapidated conditions of the roads, highlighted in the petition. Superintendent Engineer, 9th Circle, HP,PWD, Nurpur in his affidavit, has virtually admitted the factum with regard to dilapidated conditions of the roads, highlighted in the petition. As per aforesaid affidavit, repair work of major potholes on the road namely Sadwan via Garli, Nahan Nagrota to Chamba Pattan is almost complete and department has carried out renewal coat in 01.000 Kilometer length in this season under annual maintenance programme. It has been also averred in the affidavit that due to rain, road gets damaged time and again due to lack of proper cross drains and as such, authorities have decided to provide cement and concrete pavement in the stretches in a phased manner, so that roads in question are saved from repeated damages. For the upgradation of the roads, detailed hereinabove, a detailed project report involving therein expenditure to the tune of Rs. 319.97 lacs stands technically scrutinized/approved from the State Technical Agency, Hamirpur and same is being processed for financial assistance from Government of India to improve the condition of this road in question under "PMGSY". Perusal of Annexure R2, annexed with the affidavit, suggests that all necessary provisions to keep the road in good condition have been taken in the detailed project report and respondents have also planned for improvement of the dangerous spot with a view to provide good facility to public and further to avoid repeated damages to the road, a decision has been taken to lay cement and concrete on certain stretches. 4. Similarly, affidavit reveals that steps have been taken by the authorities for improvement of road namely Sadwan via Maniala, Kathiara, Chamba Khas Kaleswar, having total length 07.00 Kms. The repair work of major potholes on this road is almost complete. It has been also stated in the affidavit that 00.3000 Kilometers length at different locations on this road repeatedly gets damaged due to lack of proper cross and longitudinal drainages at these stretches because local public do not allow the rainy water to drain out at designated places in their land, as a result of which, water accumulates on road and damage the same. Respondents with a view to avoid aforesaid problem have planned to provide cement and concrete pavement in these stretches in a phased manner. Respondents with a view to avoid aforesaid problem have planned to provide cement and concrete pavement in these stretches in a phased manner. As far as, road namely Kuhna by pass is concerned, having total length 05.00 Kms, the repair work of potholes is complete and renewal coat in 02.00 Kms length is being carried out in this season under annual maintenance programme on this road. It is quite apparent from the affidavit filed by the Superintendent Engineer that all the roads, highlighted in the petition, stand repaired and further steps are being taken by the authorities to provide permanent solution to save these roads from the repeated damage and in this regard, funds have been asked from the Centre Government under ''PMGSY''. 5. Having carefully perused the affidavit filed on behalf of the respondents, we are satisfied that steps have been taken by the respondents for the redressal of grievances of the petitioner, as highlighted in the petition, and as such, there is no occasion to keep the present petition alive and as such, same is disposed of. 6. However, before parting, we wish to observe that respondentsState being welfare State is under obligation to provide basic amenities, which also includes proper roads, to its residents. But it appears that in todays scenario , nobody in the government wants to own responsibility, rather expects directions to be passed by the Court in each and every case. Had the authorities concerned paid any heed to the genuine grievances raised by the local people, neither they would have been compelled to approach this Court in the instant proceedings nor precious time of the Court would have wasted in such petty matters, which otherwise by all means are required to be dealt by respondentsState. Day in, day out, we notice that the residents of the State are compelled to knock the door of this Court for enforcement of their rights provided under the Constitution of India because of inaction on the part of the State functionaries. 7. We appreciate and are fully conscious of the fact that State has its own limitation, but same time it is a prime duty of the authorities to provide basic amenities to its residents. We are amused that why action in the matter at hand could not be taken by the authorities concerned without the intervention of this Court. 7. We appreciate and are fully conscious of the fact that State has its own limitation, but same time it is a prime duty of the authorities to provide basic amenities to its residents. We are amused that why action in the matter at hand could not be taken by the authorities concerned without the intervention of this Court. We notice that in recent times, it has become habit of certain persons manning responsible position in the Government to not to proceed with the matter till the time court issues directions. At this stage however, we may clarify that we may not be misunderstood that we feel burdened or little while issuing directions in such like matters, rather our hesitation is that while entertaining such petitions we are always accused of encroaching upon the jurisdiction, which otherwise vests in the Executive. But being constitutional Court, we always restrain ourselves from entering the sphere of executive and it is only when executive fails to perform its duty, Courts are compelled to intervene. As has been observed hereinabove, had the authorities lent ear to the repeated requests made by the residents of village,Garli, we would have not interfered in the matter. 8. With the aforesaid observations, we direct the Chief Secretary to the Government of Himachal Pradesh to issue strict guidelines to the authorities in the field to make all possible efforts to redress the genuine and reasonable grievances of the public at large expeditiously, so that they are not compelled or persuaded to approach the Courts for redressal of their grievances, which could be otherwise redressed/ solved at the lowest level. Copy of this judgment shall be made available to the Chief Secretary to the Government of Himachal Pradesh by the Registrar General of this Court, to enable him to do needful, so that public at large is not put into any inconvenience in future. Pending applications, if any also stand disposed of.