JUDGMENT : Arup Kumar Goswami, J. Heard, Mr. K. Posi, learned counsel for the petitioner. Also heard Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh and Mr. S.C. Keyal, learned Assistant Solicitor General of India, for the respondents. 2. On 2.9.2019, this Court had passed the following order : "Heard Mr. K. Posi, learned counsel appearing for the petitioner. Also heard Mr. B. D. Goswami, learned Additional Advocate General, Arunachal Pradesh. 2. This petition, by way of a Public Interest Litigation, is filed essentially seeking a direction to complete the project for construction of road from 20th Km point ZirDaporijo BRTF Road (New Loth village to Chambang) Ph:- 1:400:00 Km. 3. The road, in question, was supposed to be completed within a period of two years from 2006. We are in the year 2019 and the road is yet to see the light of the day. It will be necessary to record the progress of the case and take note of some orders as, till now, no clear picture has emerged as to when the road will be finally constructed. 4. At the time when the PIL was filed, it was projected that there was inordinate delay in completion of the project and the quality of the work was also not maintained. The delay in execution of the project had adversely affected as the inhabitants are cutoff from rest of the world. Taking note of the grievance raised, initially this court had directed the Chief Secretary to the Government of Arunachal Pradesh to look into the matter and give a report about the status of the matter within three months. Thereafter, the Chief Secretary, Arunachal Pradesh, filed an affidavit stating that construction of the road was not satisfactory. It was also stated in the affidavit that a Technical Board was constituted to look into the delay in execution and to fix specific responsibility against the defaulters. A Special Investigation Cell (Vigilance) was investigating into procedural and financial irregularities. 5. On 05.02.2014, this court had directed the respondents to file affidavit on the following two issues: (i) Within how much period the road in question would be completed as per specification prescribed for construction of the road ?
A Special Investigation Cell (Vigilance) was investigating into procedural and financial irregularities. 5. On 05.02.2014, this court had directed the respondents to file affidavit on the following two issues: (i) Within how much period the road in question would be completed as per specification prescribed for construction of the road ? (ii) What disciplinary actions under the service regulations and also under the penal laws were taken against the erring officials responsible for causing delay in execution of the contract and what was its outcome and, if not, then why no action was initiated till date and, if already initiated, how much time is needed to complete the process so as to bring it to its logical conclusion. 6. Subsequent to the aforesaid order as well as the order dated 03.03.2014, this court observed in its order dated 26.03.2014 that from perusal of the affidavit, the court found that some steps, though not concrete, had been taken and some effective steps were in contemplation against the erring officials in accordance with law. 7. By an order dated 26.05.2014, the Commissioner, Public Works Department (PWD), Government of Arunachal Pradesh and the Superintendent of Police, State Investigation Cell (Vigilance), Arunachal Pradesh, were directed to be present in the court, in person, on 11.06.2014 and, on that day, after hearing them, three months' time was granted to them to submit the following information by way of affidavit: (1) Status of construction of road in question as per revised plan estimate. (2) Status regarding departmental proceedings against the erring officials. (3) Status of investigation undertaken by Superintendent of Police, Vigilance, regarding involvement of erring officials and other related issue. (4) Involvement of writ petitioner or/and his relatives, if any, in the subject matter of the writ petition or/and in any other matter pertaining to Public Works Department indicating their personal interest rather than purported socially spirited interest as alleged. 8. On 16.11.2017, this court passed the following order: "Mr.Kipa Posi and Mr.Doba Tamut, learned counsel for the petitioner. Mr.BD Goswami, learned Additional Advocate General, Arunachal Pradesh and for the respondent Nos.1 to 28.
8. On 16.11.2017, this court passed the following order: "Mr.Kipa Posi and Mr.Doba Tamut, learned counsel for the petitioner. Mr.BD Goswami, learned Additional Advocate General, Arunachal Pradesh and for the respondent Nos.1 to 28. In the present public interest litigation, the petitioner has essentially prayed for a direction against the State Government to ensure proper implementation of Rural Road Project from 20th Km point Ziro-Daporijo on BRTF Road (New Loth vill age to Chambang) Phase-1-1:40.00:00 under RIDEXI (Phase-I) approved by the Gove rnment of Arunachal Pradesh vide its letter No. PD/LF-1/2004-05 dated 15.9.2005 at an estimated cost of Rs.3569.09 lakhs i.e. 35 crores. It is sad that although more than a decade has passed and many crores have been spent, the road has not yet been constructed and the poor villagers continue to suffer. The record also reveals that many directions have been issued by this Court from time to time to the authorities concern for early construction of the road, but to no avail. Not only this, although departmental enquiry is reported t o have been initiated against the erring officers, there is, however, no sign of its early conclusion. On the last date, we had directed the learned Additional Advocate General, Arunachal Pradesh to inform this court about the current status of the construction of road. The Under Secretary (Public Works Department) to the Government of Arunachal Pradesh has furnished the following status on affidavit :- 1. That I am the Under Secretary (PWD) to the Govt. of Arunachal Pradesh. That by order dated 04.09.2017 passed in PIL 47 of 2012, this Hon'ble Court was pleased to direct the Chief Secretary, Govt. of Arunachal Pradesh, with the latest Status Report with regard to the subject work mention in the PIL. As I am fully conversant with the facts and circumstances of the case and duly authorized by the respondent No.5 to take steps in the case and hence I am competent to swear the additional affidavit on behalf of the respondent Nos. 1 & 5. 2. That save and except what has been specifically admitted in this Additional Affidavit, all other averments made in the PIL are denied by the deponent. The deponent also does not admit anything in the PIL which is not supported by records and/or is contrary thereto. 3.
1 & 5. 2. That save and except what has been specifically admitted in this Additional Affidavit, all other averments made in the PIL are denied by the deponent. The deponent also does not admit anything in the PIL which is not supported by records and/or is contrary thereto. 3. That the deponent states that the progress of the road in question pertains to construction of Road from 20th Km point to Ziro-Daporijo (New Loth Village) Lower Subansiri District to Chambang, Kurung Kumey District (40 Km) under Rural Infrastructure Development Fund (RIDF) - XI (NABARD Loan) in 2005-2006 for Rs.3569. 02 lakhs. That the following items of the scheme has been completed on this road project:- (i) Survey & Investigation 40 Km (ii) FC (5.95 Mtr width) 37.20 Km (iii) Minor Bridge (BB 60 Ft Span) 01 Number (iv) Cross Drainage (Culverts) 05 Numbers (v) Pavement (WBM level) 06.36 Km (vi) Protection Work; RW/BW 06.00 Metre (vii) Pucca Drain 5.590 Km That the road was made through for fair weather road up to 37.20 Km with aforesaid physical work achievement up to 2012 but for severe damage of the virgin road by flood during the successive monsoon seasons during last 12 years long span period. That this achievement is with total fund release of Rs.2897.00 lakhs against sanction amount of Rs.3569.02 lakh over the years as stated in the following fund release/received statement. The year wise pro rata fund allocation was not in consonance with phasing of fund allotment envisaged in the original DPR. That, in between a fund release of Rs.100.00 lakh was done during 2015-16 for completion of bridge as part of this project. With installation of this 60 ft. Ste el Bailey Bridge during 2016 at Chainage 5 Km, the only village en route this project Loth Village have been connected with all weather road, the basic need of the area. That in the mean time the Kurung Kumey district have been bifurcated by creating Kra Dadi District where the destination end of this road project, Chambang an administrative centre lies. Now Chambang, the dead end of this road project, is connected from Palin, the temporary district headquarter of Kra Dadi district. 4. That the deponent submits that the year wise fund release is as stated herein under: Financial Year (Rs.
Now Chambang, the dead end of this road project, is connected from Palin, the temporary district headquarter of Kra Dadi district. 4. That the deponent submits that the year wise fund release is as stated herein under: Financial Year (Rs. In lakh) Fund Released NABARD Share State Share Remarks 2006-2007 200.00 - 2007-2008 150.00 - 2008-2009 100.00 - 2009-2010 250.00 713.80 2010-2011 774.41 - 303.10 - 2011-2012 1037.18 - 2012-2013 - - 2013-2014 - - 2014-2015 - - 2015-2016 - 100.00 2016-2017 - - 2017-2018 - Awaited Proposed 672.02 During 2017-2018 That the release of balance sanctioned amount of Rs.672.02 lakh against State share is still awaited. A proposal for fund allocation in the State Annual Development Agenda (SADA) has been submitted. That, in the meantime the Govt. has taken a decision vide No. PD(LF- 01) 2004-05 (Part)/167-74, dated 15th Oct,2014 to undertake this project under Non Lapsable Central Pool Resources (NLCPR) in the Ministry of DoNER, Govt. of India. Accordingly a proposal has been submitted along with concept paper vide memo No. SEYCC-WRY-12/2014-15/3602-03, dated 5th Feb,2015. 5. That the deponent states that, the Commissioner (PWD), Govt. of Arunachal Pradesh, Itanagar had issued a Memorandum on 5th August,2014 to hold an inquiry against the erring officers who were/are posted in Ziro/Yazali, PWD Division under Rule-14 of the Central Civil Services (Classification Control and Appeal), Rule 1965. In regard to action taken Report on erring officer, departmental proceedings have already been initiated against 15 (fifteen) erring officers. But i n the meantime the Inquiry Officer appointed for the purpose having retired from service on Voluntary Retirement Scheme w.e.f. 01.08.2017 he has requested for appointing a new Inquiry Officer in his place vide his letter No.THT/Conf/2017/3 d td. 22.08.2017 addressed to the Commissioner, PWD, Govt. of Arunachal Pradesh, which is under process. The above report clearly reveals a sorry state of affairs. Apparently, huge amount of public money (many crores) has been spent on the project, but no benefit has reached to the poor villagers. Also, no action has been taken till this date against a single officer for not ensuring completion of the construction work. Even a specific direction to the Chief Secretary to ensure proper construction of road, has produced no result.
Also, no action has been taken till this date against a single officer for not ensuring completion of the construction work. Even a specific direction to the Chief Secretary to ensure proper construction of road, has produced no result. We, therefore, direct the Director General of Police, Arunachal Pradesh to immediately hold an inquiry as to how the huge amount of public money has been utilized and if the money has been misappropriated or has been utilized for corrupt practices, identify such persons. It is expected and hoped that the Director General of Police will hold the inquiry impartially and submit his report within three months from today. A copy of the order be supplied to Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh, for information and compliance. List the case for further orders on 5.2.2018." 9. Pursuant to the said order, the Director General of Police, Arunachal Pradesh, filed a report in compliance of the order dated 16.11.2017 stating therein that officers of Public Works Department, Yazali Division, who were found to have misused huge amount of money, had been charge-sheeted for offences under Section 120(B),420,409 of the Indian Penal Code, read with Sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act,1988 in the Court of District and Sessions Judge-cum-Special Judge, Prevention of Corruption Act, West Division, Yupia, for trial. 10. On 30.10.2018, this court had passed the following order: "Heard Mr. Kipa Posi, learned counsel appearing for the petitioner. Also heard Mr. B. D. Goswami, learned Additional Advocate General, Arunachal Pradesh, appearing for the State respondents. Having heard the learned counsel for the parties and on perusal of the orders dated 21.02.2018 and 27.03.2018, it is disclosed that though this court had observed the fact of the road not being constructed in the manner as it was to be done and, in that regard, had also taken note of the nonperformance of their duties by the officers concerned, at this juncture we find that precise little has been done to provide road for the inhabitants of several villages in the vicinity.
Taking note of this aspect and, at this juncture, not being satisfied with the manner in which the respondents have proceeded, it is considered appropriate that the respondents be called upon to furnish the details relating to the work that has been undertaken thus far and with regard to the provision made by the State Government for the Public Works Department to take up the work. In that view of the matter, learned counsel for the respondents to file a detailed report which shall consist not only the averments in the reports but also the documents to support the manner in which the works was tendered, the work that was undertaken by the contractor with reference to the name of the contractor and the bills submitted by the contractor. In that regard, the Inspection Reports submitted before settling the bills of the contractor that has been drawn out shall also be produced. In respect of the remaining works, the amount that has been provided by the Government and the nature of the provision that has been made shall be stated and the details, if any, relating to the funds not being released to the concerned authority or the department to take up the work shall also be depicted in the report. The report be filed in four weeks. List on 06.12.2018." 11. Taking note of the report that was submitted by the respondents indicating the extent of work done and the work remaining to be done by them and considering the submission of the learned counsel for the petitioner that a time-frame should be fixed in respect of completion of the work, this court, by an order dated 06.12.2018, recorded that a technical evaluation was required to be made. Taking that view, Mr. S. C. Keyal, learned Assistant Solicitor General of India was requested to secure the presence of an appropriate officer from the Border Roads Organization so that an officer or a team could be appointed to inspect the work done and also to assess as to by what time the remaining work could be completed keeping in view the terrain and other aspects involved. 12. On 12.12.2018, on the basis of submission of Mr. Keyal, the court passed the following order : "Pursuant to the order dated 06.12.2018, Mr.
12. On 12.12.2018, on the basis of submission of Mr. Keyal, the court passed the following order : "Pursuant to the order dated 06.12.2018, Mr. S.C. Keyal, learned Assistant Solicitor General of India, on instructions, would submit that the Border Roads Organization is undertaking certain works in Arunachal Pradesh and the Chief Engineer of Project Arunank would be in a position to inspect the works undertaken by the Public Works Department, Government of Arunachal Pradesh, which is the subject matter in the instant Public Interest Litigation. Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh is, therefore, required to furnish the documents relating to the contract indicating the scope of the work and also furnishing details relating to the present place at which the work is being undertaken and the spot where the work has been completed. The details shall be made available to Mr. Keyal within 1(one) week from today. Mr. Keyal shall thereupon furnish the said papers to the Chief Engineer, Project Arunank, who shall then carry out inspection. To enable a joint inspection, the Chief Engineer, Project Arunank shall also secure the presence of the Chief Engineer, Public Works Department, Government of Arunachal Pradesh. When this petition is taken up today, there is no representation on behalf of the petitioner. Even that be so, the learned counsel for the petitioner is required to take note of this order, contact the Chief Engineer, Project Arunank and obtain the date on which the inspection would be carried out. If the petitioner desires, the petitioner may also remain present when such inspection is made. Based on the inspection made, the Chief Engineer, Project Arunank shall submit a report indicating the extent to which the work has been completed. If further work is to be completed, the time-frame that would be required, keeping in view the terrain and weather condition in the area, shall also be indicated. The report shall be made available to Mr. Keyal in a sealed cover, who shall, thereupon bring it on record. To enable further process in this regard, list this petition on 15th February, 2019. Copies of this order be made available to the learned Assistant Solicitor General of India as also to the learned Additional Advocate General, representing the State respondents." 13.
Keyal in a sealed cover, who shall, thereupon bring it on record. To enable further process in this regard, list this petition on 15th February, 2019. Copies of this order be made available to the learned Assistant Solicitor General of India as also to the learned Additional Advocate General, representing the State respondents." 13. The Border Roads Organization submitted a report on 14.02.2019 after carrying out an inspection and, on perusal of the said report, this court passed the following order on 15.02.2019: "Heard, Mr. Kipa Posi and Mr. Doba Tamut, learned counsel for the petitioner. Also heard Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. NNB Choudhury, learned Government Advocate, Arunachal Pradesh for the respondents. The order dated 12.12.2018 passed by this Court is self explanatory. In that backdrop, the Border Roads Organization (BRO) has carried out an inspection and a report dated 14.02.2019 is made available to this Court through Shri S.C. Keyal, learned Assistant Solicitor General of India in a sealed cover. We have perused the report which indicates a grim picture. The writ petition papers would indicate that the sanction order for formation of the road in question was issued as far back as on 9.3.2006. It is in that view, the petitioner is making out the grievance that the work has not been undertaken in the manner it ought to have been done and the work has not been completed despite the time period which was initially indicated as two years. From the report, we notice that the same has been considered item-wise and the executed portion as also the balance portion to be undertaken is indicated. From the details as furnished therein, only the formation cutting is shown to be completed in entirety. Insofar as the Bailey bridge, it could be accepted as 50% complete since out of two numbers, one has been constructed. In all other respects, the work completed is negligible as compared to the pending works. The report would also indicate that in view of there being no clarity with regard to the manner in which the work would be undertaken by the contractor and the portion which is to be undertaken by the Department and also keeping in view the manner in which it had progressed, it would take a period of about three years to complete the work.
Having noticed the report, we are appalled that even after lapse of nearly thirteen (13) years from the commencement of the work, the remaining portion is almost to the full extent, except for negligible portion that is completed. In such situation, we are of the opinion that the Government at the highest level is required to bestow its attention and inform this Court about the manner in which they would tackle the situation and complete the work at the earliest. To enable the same, Registry to make available to the learned Additional Advocate General, Arunachal Pradesh a copy of the report dated 14.02.2019 submitted by the Chief Engineer, Project Arunank, BRO, so as to enable him to place the same before the Chief Secretary of the State. The Chief Secretary shall take note of the same, convene a meeting of the Finance Secretary and the Principal Secretary to the PWD and consider the matter threadbare so as to bring to the notice of this Court the decision taken at the Government level to complete the work in that regard. Such consideration made shall be brought to the notice of this Court on the next date of hearing. The decision taken shall be brought on record through an affidavit on behalf of the respondents. To enable them to do so, list after three weeks. A copy of this order be made available to the learned Additional Advocate, Arunachal Pradesh. Before parting, we place on record our appreciation of the prompt action taken by the learned Assistant Solicitor General of India, the Chief Engineer and concerned officers of Project Arunank who have visited the spot and made an inspection and submitted an appropriate report to this Court." 14. In the affidavit filed by the respondent No. 1 on 24.04.2019, it is stated at paragraphs 3,4,5,6 and 7 as follows: "3. That the BRO carried out inspection and submitted its report dated 14.02.2019 before this Hon'ble Court.
In the affidavit filed by the respondent No. 1 on 24.04.2019, it is stated at paragraphs 3,4,5,6 and 7 as follows: "3. That the BRO carried out inspection and submitted its report dated 14.02.2019 before this Hon'ble Court. This Hon'ble Court vide its order dated 15.02.2019 had directed the Chief Secretary, Arunachal Pradesh to convene a meeting of the Finance Secretary and Principal Secretary (PWD) and consider the matter threadbare so as to bring to the notice of this Hon'ble Court the decision taken by the Government to complete the work of the construction of the road at the earliest and further directed that such consideration made shall be brought to the notice of this Hon'ble Court on the next date of hearing. The decision taken shall be brought on record through filing an Affidavit. 4. That in accordance with the Hon'ble Court's order dated 15.02.2019 a meeting was convened by the Chief Secretary on 06.03.2019 which was attended by the Commissioner (PWD), Secretary (Finance), Commissioner (Law), Secretary (RWD), CE, RWD (PMGSY), Superintending Engineer (RWD), the Director (Planning), Chief Engineer (PWD), Superintending Engineer (PWD), Yachuli Civil Circle, and the Superintendent of Police (SIC). In the said meeting the matter at issue, i.e., the construction of road from New Loth Village at 20 KM point on the Siro-Daporiji BRTF Road in Lower Subansiri district to Chambang in Kurung Kamxy district (Plase 1-0.00 to 40.00 Km) in the backdrop of the findings of the report of inspection submitted by the Chief Engineer, Project Arunak, BRO. The Chief Engineer, BRO, upon his physical verification of the work has reported the status of work in ground as follows: Sl.No. Scope of work Quantity Executed 1 2 3 4 (a) Survey & Investigation 40,000 Km 40.00 Km (b) Formation Cutting 39,720 Km 37,200 Km (c) Bailey Bridge 2 Nos. 1 No. (d) Slab Culvert (1 Mtr Span) 114 Nos. 2 Nos. Slab Culvert (2 Mtr Span) 46 Nos. 3 Nos. Slab Culvert (4 Mtr Span) 30 Nos.
1 No. (d) Slab Culvert (1 Mtr Span) 114 Nos. 2 Nos. Slab Culvert (2 Mtr Span) 46 Nos. 3 Nos. Slab Culvert (4 Mtr Span) 30 Nos. Nil (e) Retaining Wall & Breast Wall 1980 Mtr 96 Mtr (f) Pavement: (a) Sub Grade 39.534 Km 6.300 Km (b) WBM-I 39.534 Km 6.300 Km (c) WBM-II 39.534 Km 6.300 Km (d) WBM-III 39.534 Km Nil (e) Carpeting 39.534 Km Nil (g) CC Drain 39.534 Km 5.590 Km (h) Road Sign Board & KM Stone 39.534 Km Nil On consideration of the said report furnished by the BRO, it was found that the same is not in difference with the report of the PWD which was submitted earlier before the Hon'ble Court in the form of Affidavit. 5. That it can also be seen from the said report that the Chief Engineer, BRO, has submitted an estimate of Rs. 42.80 crores for construction of the balance scope of work for completion of the said road and the time limit required for completion has been fixed as 3 (three) years after sanction of work. It has been informed by the State PWD that there is a balance sanctioned fund to the tune of Rs. 6.72 crore. Therefore, the actual fund required for completion of the project would be Rs. 42.80 crores Rs. 6.72 crores = Rs. 36.08 crores. 6. That it is stated that the scheme of the said project was proposed under the Non-lapsable Central Pool of Resources (NLCPR) in the previous year (2018-19) but could not be materialised as the NLCPR has been changed to North East State Infrastructure Development Scheme (NESIDS). Therefore, the estimate for Rs. 36.08 crore shall be proposed/kept in CRF in the next financial year, i.e. 2019-20. The proposal is subject to the approval of the Government of Arunachal Pradesh and fund availability in the Budge Estimated Year 2019-20. 7. That the deponent craves leave of the Hon'ble Court to submit additional affidavit, if required, for the portion of the road from 26.00 Km to the Tayo village as new PMGSY road constructed nearby can serve the purpose for connectivity. It is decided that the Chief Engineer, PWD and the Chief Engineer, PWD (PMGSY) shall have a joint survey for the purpose but the matter can only proceed after the election process is over, as everybody is engaged in election process." 15.
It is decided that the Chief Engineer, PWD and the Chief Engineer, PWD (PMGSY) shall have a joint survey for the purpose but the matter can only proceed after the election process is over, as everybody is engaged in election process." 15. On 17.06.2019, an affidavit was filed by the Under Secretary (PWD), Government of Arunachal Pradesh, to bring on record the Joint survey and Inspection report. Paragraphs 3, 4 and 5 of the affidavit read as follows: "3. That the deponent states that a Committee, comprising Chief Engineer (PWD) CZ-A & Chief Engineer (RWD) PMGSY, respectively, was constituted by Govt. of Arunachal Pradesh vide order No. SPWD/W47/2012/200 dated 18/04/2019 for conducting joint survey & inspection of construction of road from 20.00 Km point Ziro-Daporijo BRTF Road (New Loth village) to Chambang (Ph-I: to 40 Km) in connection with PIL No. 47/2012. 4. That the purpose being: (a) S & I entire project length; (b) Evolving factual report with maps, drawings; (c) Assessment and estimation for project completion; (d) Time frame etc. 5. That complying with Govt. directives, a Technical Committee involving field engineers from both PWD & RWD was constituted vide No. RWD/PMGSY/CASE-59/2018-19 dated 24/04/2019 with specific task of conducting detailed survey along with geo-tagging of alignment map of the existing roads of PWD & RWD in the vicinity. The team members being: (a) SE, PWD, Yachuli (b) SE, RWD, Itanagar (c) EE, PWD, Yazali, (d) EE, RWD, Jamin. 16. In paragraph 8 of the said affidavit, it is stated that a period of 36 months will be required for completion of the project from the date of sanction keeping in view the limited working season and other constraints. An estimate is prepared for Rs. 3644.00 lakhs. The year-wise physical and financial phasing of fund, as indicated in the said estimate, is as follows: 2019-2020 Rs.1093.20 lakhs 2020-2021 Rs.1457.60 lakhs 2021-2022 Rs.1093.20 lakhs 17. It appears from Annexure-4 of the affidavit filed on 17.06.2019 that the Rural Works Department (RWD) under PMGSY Scheme had constructed a road from 28.720 Km towards Tayo village parallel to the proposed PWD road and the distance between the said two roads is about 180 Metres at Tayo village point. It also appears that in the proposed PWD road, towards Tayo village, there is Kari River over which a bridge is to be constructed.
It also appears that in the proposed PWD road, towards Tayo village, there is Kari River over which a bridge is to be constructed. On the PMGSY road, a bridge was constructed over the Kari River. There are three intersections of the road constructed by the RWD under the PMGSY Scheme with the proposed PWD Road at 24.500 Km, 26.700 Km and 28.720 Km. 18. It is submitted by Mr. Posi that if a road of 180 meters is constructed connecting the PMGSY Road near Tayo village, at least some succour will be there for the people residing in Tayo village as, in that event, although on a longer detour, they will still be able to reach the point 24.500 Km which is, however, a good distance away from Ziro point. 19. Placing reliance on the written instructions dated 29.08.2019, Mr. Goswami submits that regarding allotment of fund for completion of the project C/o Road from 20 Km point on Ziro point on Ziro-Daporijo BRTF Road (New Loth Village) to Chambang, the State Government has prioritised the scheme under the Central Road Fund (CRF) and the Ministry of Roads Transport and Highways (MoRTH), Government of India has been requested to sanction an amount of Rs. 36.44 crores under CRF during 2019-20. It is submitted by him that the work will be completed as and when the Ministry releases the fund. It is also pointed out that Tayo village could be connected with the RWD Road out of the available fund of Rs. 7.00 crores (approx.). It is also submitted by Mr. Goswami that for the year 2018-19 a proposal was placed in the priority list of the State. However, the same did not materialise and, now, the proposal is given to the Ministry of Road, Transport and Highways, Government of India, by Commissioner, PWD, Government of Arunachal Pradesh. 20. Thus, the projection of the State of Arunachal Pradesh is that the construction of the road is dependent on release of fund by the Central Government. 21. Considering the matter in its entirety, an interim direction is issued to the State respondents to construct the 180 Meters of road, mention of which is made in the affidavit filed by the Under Secretary (PWD), Government of Arunachal Pradesh, and which is also noted hereinabove, on or before 31.03.2020, from the available fund of Rs. 7.00 crores (approx.). 22.
Considering the matter in its entirety, an interim direction is issued to the State respondents to construct the 180 Meters of road, mention of which is made in the affidavit filed by the Under Secretary (PWD), Government of Arunachal Pradesh, and which is also noted hereinabove, on or before 31.03.2020, from the available fund of Rs. 7.00 crores (approx.). 22. List again on 25.09.2019, on which date the State respondents will indicate as to whether the road can be constructed through State fund. If this instruction is not forthcoming, the Commissioner, Finance, and the Commissioner, PWD, Government of Arunachal Pradesh shall appear in person before this court on the date fixed. 23. In the meantime, the State will also ascertain the position of the request made regarding inclusion of the project under CRF during 2019-2020.". 3. Mr. Goswami has submitted that for construction of 180 metres stretch of road, as noted hereinabove, a sum of Rs.50 lakhs is already released and the said road will be constructed before 31st March,2020. He has also submitted that the Ministry of Road Transport and Highways has been approached to approve and sanction an amount of Rs.3644.00 lakhs and in continuation of the letter dated 29.8.2019, another letter dated 24.9.2019 had been sent for early approval and sanction of the project on top priority. 4. Mr. Goswami has submitted that the road for which this PIL was filed, will be completed within a period of three years from the date when fund is released to the State of Arunachal Pradesh. 5. Mr. S.C. Keyal, learned Assistant Solicitor General of India submits that the Ministry is examining the proposal submitted by the State of Arunachal Pradesh. 6. Mr. Posi submits that in view of the above developments and submissions, this PIL can be closed by directing the Union of India to consider the proposal submitted by the State of Arunachal Pradesh and directing the State of Arunachal Pradesh to complete the road within a period of three years from the date of release of fund, with a further direction to complete the 180 metres of road connecting Tayo Village to PMGSY Road before 31st March,2020. He, however, submits that liberty may, however, be reserved to approach this Court again by way of PIL if no tangible progress takes place within a reasonable period of time. 7.
He, however, submits that liberty may, however, be reserved to approach this Court again by way of PIL if no tangible progress takes place within a reasonable period of time. 7. Having regard to the submissions of the learned counsel for the parties, this PIL is disposed directing the Ministry of Transport and Highways to examine the proposal submitted and take a decision within a period of two months. The State of Arunachal Pradesh is directed to start and complete the project within a period of three years from the date of release of fund by the Union of India. The 180 metres stretch of road connecting Tayo Village to PMGSY road shall be completed before 31st March, 2020. 8. Liberty is reserved to the petitioner or any other public spirited person to approach this Court again by way of a public interest litigation on the same subject matter if the occasion so demands. 9. A copy of the order will be furnished to Mr. S.C. Keyal, learned Assistant Solicitor General of India, Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh and Mr. K. Posi, learned counsel for the petitioner.