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2019 DIGILAW 145 (MEG)

Pillan T. Sangma v. State of Meghalaya

2019-05-09

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : Mohammad Yaqoob Mir, J. (A) Regarding stretch of road from 41 Km to 60 Km i.e. Rongram-Romgrangre-Darurgre road sanction for the work was to be obtained. Affidavit has been filed by Shri Hubert Nengnong, Executive Engineer, PWD (Roads), Williamnagar Division, East Garo Hills District, Meghalaya wherein it is stated that pending approval and sanction from the Government maintenance and repair work of the damaged portions has been taken up by utilizing regular maintenance fund available in the office. The repair work is stated to have commenced same shall be completed preferably within a period of six weeks. (B) Regarding road stretch from Waringre to Samanda Block, the particulars of engineering wing supposed to repair the road were to be furnished. In the affidavit-in-opposition it is stated that PWD department is unable to initiate any process because earlier said stretch of road was constructed by Eco-Development Society (local NGO) during the year 1965. It is further stated that no request or communications were received by PWD department, Government of Meghalaya. Petitioner will inform the concerned Headman or other responsible members of the village community to represent before the PWD department, thereafter PWD department will initiate necessary process so as to bring it within the purview of PWD department and to start the repair work thereon. (C) Regarding Rongap Bridge No.4/2 on Rongrenggre-Sinsanggre-Nengkhra road clearance from the Forest department as yet has not been received. In the affidavit-in-opposition it is stated that again Executive Engineer has requested the Divisional Forest officer for grant of forest clearance so as to enable the PWD department to resume construction of the said bridge. We direct the Divisional Forest Officer, East & North Garo Hills (T) Division, Williamnagar to take immediate steps required for final approval regarding forest clearance in accordance with the rule so as to enable the PWD department to resume construction of the said bridge same shall be done preferably within two weeks. (D) New proposed work across the river Simsang as mentioned in detail in para-1(D) of the order dated 24.04.2019 in the affidavit-in-opposition as filed, it is stated that tendering process is likely to be finalized and work is expected to be completed within few months. (D) New proposed work across the river Simsang as mentioned in detail in para-1(D) of the order dated 24.04.2019 in the affidavit-in-opposition as filed, it is stated that tendering process is likely to be finalized and work is expected to be completed within few months. We direct the concerned authority to finalize the tendering process as early as possible and thereafter to ensure commencement of the work so as to be completed preferably within a period of three months. (E) Regarding stretch of road from Rongsak Tinali to Williamnagar, it is stated by learned Addl.Sr.GA that the work is in progress will be shortly completed. (F) Regarding widening of road into double lane of Williamnagar town no affidavit has been filed as according to learned Addl.Sr.GA, matter is pending sanction and approval. Latest status regarding approval be filed by or before the next date. 2. Regarding road from Rajabala to Phulbari affidavit has been filed by Shri Sanjive K. Marak, Executive Engineer PWD (Roads), Tura North Division, West Garo Hills District, Meghalaya stating therein that the road stretch starting from Garobada to Selsella which is around 10 Km work order for pot-hole repairing for a stretch of 5 Km has already been issued and is likely to be completed by the end of June 2019 whereas, regarding road from Selsella to Rajabala 14.5 Km work order for repairing has been issued on 22.11.2018 and at present the work is in progress. The contractor has been instructed to ensure completion thereof before the stipulated period of twelve months. It is further stated that 30% of the repair work has already been completed. 3. Rejoinder affidavit as filed by the petitioner present in person reveals that in the road project taken up under the PMGSY Schemes, the areas i.e. Dorenkigre Edugre, Nengsang Adugre, Patalgre and Jingamgre have not been included, according to him, road stretch of about 18 to 25 Km from Williamnagar town up to these villages have been totally neglected by the Government authorities. 4. Road connectivity is a lifeline, deprivation of such lifeline is unacceptable. PMGSY Schemes in fact is a visionary scheme under the same scheme said villages are also be taken care of by providing them proper road connectivity. The respondent authorities to examine and to file appropriate response as to why those villages be not included in the road project under PMGSY Schemes. 5. PMGSY Schemes in fact is a visionary scheme under the same scheme said villages are also be taken care of by providing them proper road connectivity. The respondent authorities to examine and to file appropriate response as to why those villages be not included in the road project under PMGSY Schemes. 5. List again after three weeks.