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2020 DIGILAW 47 (UTT)

Hema Devi v. State Of Uttarakhand

2020-01-10

SUDHANSHU DHULIA

body2020
JUDGMENT Sudhanshu Dhulia, J. - The petitioners before this Court had challenged the construction of Gagas- Reethamahadev - Selapani Road, which is in District Almora. 2. The contention of the petitioners before this Court is that they have earlier fought a long battle in their demand for construction of a road, which was ultimately sanctioned and constructed. Now the present road, which is being constructed takes away 200 meters of their land, for which no land acquisition proceedings have been initiated by the respondent authorities. 3. Evidently for a construction of the present road as well there is a long demand of villagers and though the present road i.e. Gagas- Reethamahadev- Selapani Road does not connect the village of the petitioners but it does connect many other villages. As far compensation is concerned the same has been determined on the basis of mutual agreement between most of the other villagers and the State. 4. This Court vide order dated 06.01.2020 has appointed Sri Devesh Upreti, who is a practicing lawyer of this Court, as Court Commissioner, to examine whether the road in question broadly serves the public purpose, as was the case of the State authorities. 5. In compliance of this Courts order dated 06.01.2020, the Court Commissioner has submitted his report dated 10.01.2020. 6. Perused the report dated 10.01.2020. In view of this Court, it is a well considered report. As per the report, the road is required in the public interest. Even for the 200 meters land, which is a barren land, in any case, the petitioners are liable to get compensation in accordance with law, for which the petitioners may make a request to the authority concerned. The relevant portion of the report dated 10.01.2020 reads as under:- 'As per the information given to me if this patch of about 2 and half kilometers is constructed not only the people residing surrounding in the disputed shall be benefited but also the public in large shall be benefited. The officials of PWD also informed that if the road in dispute (Gagas- Reetha Mahadev-Selapani) is constructed it will reduce the financial burden on the State as well. After visiting the place I was informed that the residents of villages Reetha Mahadev, Udali, Kheeriya are still living a very hard and very backward life due to non construction of the Gaga-Reetha Mahadev- Selapani Road. After visiting the place I was informed that the residents of villages Reetha Mahadev, Udali, Kheeriya are still living a very hard and very backward life due to non construction of the Gaga-Reetha Mahadev- Selapani Road. The inspection was made in presence of the about 25 persons in which the petitioners no.2 & 3 were also present from Banghat to Kolikhet. The petitioners acknowledged that the inspection was made in their presence. The acknowledgement letter is enclosed with this report.' 7. This Court has also been informed by the Executive Engineer, Construction Division, P.W.D., Ranikhet, Almora that a link road connecting the village of the petitioners to the road has already been sanctioned and matter will be pursued and the road will be constructed in due course. For this approval has already been made and the land has been acquired as per the mutual negotiations. 8. In view of the above position, there can be no occasion to stop the construction of the motor road as demanded by the present petitioners, since the motor road is in public interest. The writ petition stands dismissed.