DINESH LAL SNEHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two writ petitions have been preferred in public interest, raising a grievance with regard to laying of the Water Pipeline through the Supana Bridge by the respondent-Pey Jal Department of the State of Uttarakhand.

(2.) The grievance of the petitioners is that the Supana Bridge is an old Bridge meant for people to commute across the Alaknanda River. Laying of water pipeline has reduced the width of the bridge as also its load carrying capacity. On that account, the petitioners seek removal of the pipeline from the Supana Bridge so that the same can be restored for its original use.

(3.) Learned senior counsel appearing for the petitioner has drawn the attention of the Court to a report filed by the Sub-Divisional Magistrate, Kirti Nagar dtd. 7/2/2020, to submit that the water pipeline, which has been laid, is 3 meters wide. With the laying of the said pipeline, the width of the available road for commuting has been reduced to only about 4 meters, which was earlier 7 meters. Moreover, the Pipeline is loading the Bridge by about 40 metric tons, thereby reducing the load carrying capacity of the Bridge, which was 65-70 meters. Thus, the heavy vehicle cannot ply on the Bridge with the laying of the said pipeline. The Sub-Divisional Magistrate also noticed that the Bridge was earlier being used by heavy vehicles to carry materials for construction and development purposes by the stone crushers and during rescue operations. The report of the Sub-Divisional Magistrate suggests that the pipeline should not be laid on the Supana Bridge.