DEEN DAYAL BHATT Vs. STATE OF UTTRARAKHAND

JUDGEMENT

(1.) Heard Mr. Vipul Sharma, Advocate for the petitioner, Mr. Rakesh Thapliyal, Addl. Advocate General for the State/respondent nos. 1 to 4 and Mr. D.S. Patni, Advocate for respondent no.6. Mr. Kandpal, the Executive Engineer, P.W.D., Nainital and Mr. Lalit Mohan Ramaal, the Addl. District Magistrate, Nainital are also present in the Court.

(2.) This petition has been filed in public interest by a resident of Tallital, Nainital, praying that the respondents sh0uld be directed to take effective measures to provide an approachable road in the area of Joyvilla to Wellview Compound, Tallital, Nainital. The facts, leading to the filing of the writ petition is, that the residents of this area had been approaching the authorities from time to time for a connectivity of their area by a motorable road. The petitioner contended that the residents of Joyvilla area are facing difficulties and, in a medical emergency, it is not possible for an ambulance to come in that area and there is no accessibility of the motor vehicle for the residents to carry the infirm or a patient, in a hurry, to the hospital. The residents of the area made several representations to the authorities as well as to the local M.L.A. of that area and on their representation, the local M.L.A. directed the administration to take appropriate steps. It transpires that pursuant to the directions issued by the District Administration, the Public Works Department submitted a report indicating therein that the Ramsey Road, leading from Tallital Bazar to the crossing of the residence of District Magistrate and the Collectorate, could be improved and can be made pliable for light motor vehicles. In this regard, the Public Works Department submitted a report seeking a grant of 3.90 lacs for the improvement of the road to make it a motorable. It transpires that inspite of this report being filed on 30th March, 2004, no action whatsoever, was taken by the administration and the grievance of the residents of this area remained unfulfilled. When all representations and plea fell on deaf ears, a local resident of that area approached the Writ Court and filed this petition in public interest.

(3.) The Executive Engineer, P.W.D./respondent no.2 has filed a counter affidavit indicating therein that the road in question was initially maintained by the Nagar Palika Parishad, Nainital but subsequent to the Govt. Order dated 28th September, 1978, the road in question was transferred to the Public Works Department, Nainital for its improvement, repairing and maintenance. The said respondent admitted that the residents of Joyvilla to Wellview Compound in Tallital have no connectivity of a motorable road and, that a lot of inconvenience is being caused to the residents of that area. The said respondent admitted that pursuant to the direction of the District Magistrate, a report was submitted indicating that the Ramsey Road can be made motorable from the Tallital Bazar to the Collectorate.