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2018 DIGILAW 485 (HP)

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

2018-03-27

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. - On the basis of a letter petition, addressed to this Court, taking suo-motu cognizance, petition was registered, in which notices were issued to the respondents. 2. Grievance made out in the letter petition by letter petitioner, Sansar Chand son of Sh. Hoshiar Ram, resident of Village Nada, P.O. Nanikhad, Tehsil Matiyal, District Chamba, H.P., stands recorded by us vide order dated 02.01.2018, in the following terms:- "This Court has taken suo-motu cognizance on a letter petition which stands addressed by Sansar Chand S/O Sh. Hoshiyar Ram R/O Vill. Nadal, PO Nanikhad, Tehsil Matiyal, District Chamba, HP., wherein it is stated that there is a village, i.e. village Moran which is abutting to his village Nadal and which is situated at a distance of five kilometers from the main link road. Further as per the letter petitioner, though this village has a population of about 250 people but the residents of the said village do not have proper access as neither there is any bridge nor any proper path which connects the said village with the mainland. Accordingly, a prayer has been made that appropriate direction may be issued to the authorities concerned for the purpose of construction of path or road, so that the concerned village is connected with the mainland and main road." 3. The District Judge, Chamba, who is also Chairman of the District Legal Services Authority, as directed by us, personally visited the village to make an independent inquiry. We have perused the report filed by him as also affidavit dated 23.01.2018, filed by the Deputy Commissioner, Chamba. 4. As per the report of District and Sessions Judge, Chamba, village in question never gets waterlogged and disconnected from the main line and there is no requirement of construction of any bridge, for people do not get stranded due to water-logging in the Reservoir of Ranjeet Sagar Dam. We notice that this report was based on the exact situation prevalent as on January, 2018, when the water is at a lowest level. 5. However, when we peruse the affidavit dated 23.01.2018 that of the Deputy Commissioner, Chamba, we find the position to be contrary. 6. According to him, there is no bus/jeepable road to village Bhotan and the distance from the said village to the nearest main road is 10 kms. Road can be constructed. 5. However, when we peruse the affidavit dated 23.01.2018 that of the Deputy Commissioner, Chamba, we find the position to be contrary. 6. According to him, there is no bus/jeepable road to village Bhotan and the distance from the said village to the nearest main road is 10 kms. Road can be constructed. At the time of spot inspection, carried out by Naib Tehsildar-cum-Assistant Collector, 2nd Grade, Dalhousie, it was so revealed that in the recent elections to the general Assembly of the State of Himachal Pradesh, in protest, majority of the voters had not cast their votes. According to the Deputy Commissioner, 14 kms of the road is required to be constructed from a place known as Dwala Danga (Katori Bangla) on National Highway Pathankot-Bharmour No. 154-A. It is so suggested that the said road can be constructed by the proponent of Ranjeet Sagar Dam. 7. Faced with the aforesaid situation, issue which arises, is as to what directions can be issued in the present matter. 8. Free and fair elections are part of the basic structure of the Constitution. The word "fair" has been explained by the Hon''ble Apex Court in People''s Union for Civil Liberties and another v. Union of India and another, (2013) 10 SCC 1 , to denote equal opportunity to all people. Further, universal adult suffrage conferred on the citizens of India by the Constitution has made it possible for these millions of individual voters to go to the polls and thus participate in the governance of our country. For democracy to survive, it is essential that the best available persons should be chosen as people''s representatives for proper governance of the country. This can be best achieved through persons of high moral and ethical values, who win the elections on a positive vote. 9. Now if people of a particular area in principle decide to boycott the elections and not to vote, it is not a healthy sign for any democracy to grow and flush. 10. The Apex Court in State of Himachal Pradesh and another v. Umed Ram Sharma and others, (1986) 2 SCC 68 , has held as under:- "It appears to us that in the facts of this case, the controversy lies within a short compass. 10. The Apex Court in State of Himachal Pradesh and another v. Umed Ram Sharma and others, (1986) 2 SCC 68 , has held as under:- "It appears to us that in the facts of this case, the controversy lies within a short compass. It is well settled that the persons who have applied to the High Court by the letter are persons affected by the absence of usable road because they are poor Harijan residents of the area, their access by communication, indeed to life outside is obstructed and/or prevented by the absence of road. The entire State of Himachal Pradesh is in hills and without workable roads, no communication is possible. Every person is entitled to life as enjoined in Article 21 of the Constitution and in the facts of this case read in conjunction with Article 19(1) (d )of the Constitution and in the background of Article 38(2) of the Constitution every person has right under Article 19(1) (d) to move freely throughout the territory of India and he has also the right under Article 21 to his life and that right under Article 21 embraces not only physical existence of life but the quality of life and for residents of hilly areas, access to road is access to life itself. These propositions are well settled. We accept the proposition that there should be road for communication in reasonable conditions in view of our constitutional imperatives and denial of that right would be denial of the life as understood in its richness and fullness by the ambit of the Constitution. To the residents of the hilly areas as far as feasible and possible society has constitutional obligation to provide roads for communications." 11. Keeping in view the aforesaid principles, we direct the Chief Secretary to the Government of Himachal Pradesh, to forthwith convene a meeting of all the stakeholders, including the villagers and the proponent of Ranjeet Sagar Dam Project for ensuring that residents of village Bhotan, P.O. Mail, Tehsil Dalhousie, have proper access from the mainland to their houses. 12. Member Secretary, Himachal Pradesh State Legal Services Authority, shall hold a special drive in sensitizing the people of the area, apprising them of their valuable rights, importance and significance of participating in the electoral process, necessary for sustenance and development of Indian Democracy. 13. 12. Member Secretary, Himachal Pradesh State Legal Services Authority, shall hold a special drive in sensitizing the people of the area, apprising them of their valuable rights, importance and significance of participating in the electoral process, necessary for sustenance and development of Indian Democracy. 13. Under these circumstances, we are persuaded by the learned Advocate General to close the present proceedings, which we do so. 14. Before parting, we wish to place on record appreciation qua the efforts put in by Ms. Sheetal Vyas, learned Amicus Curiae, who, on the instructions of this Court, obtained necessary feedback. 15. Learned Amicus Curiae undertakes to communicate the outcome of the present petition to the letter petitioner. 16. Registry is directed to send copies of this judgment to the Chief Secretary to the Government of Himachal Pradesh, Member Secretary, Himachal Pradesh State Legal Services Authority to enable them to take follow up action. 17. With the aforesaid observations, present petition stands disposed of.