LAWS(GJH)-2011-8-280

KHALIKPUR GRAM PANCHAYAT Vs. STATE OF GUJARAT

Decided On August 25, 2011
Khalikpur Gram Panchayat Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS is a writ petition filed in Public Interest under Article 226 of the Constitution of India seeking appropriate writ, order or direction against the respondent authorities to take appropriate measures to ensure that there is no water logging and drowning of Hamlet Anandpura Kampa, Village : Khalikpur.

(2.) THIS Public Interest Litigation is preferred by the Khalikpur Gram Panchayat through its Sarpanch. It appears that some work of widening of Halol -Shamlaji highway was undertaken in the year 2004. A small bridge has also been constructed on the river Sankri, as a result of which, village is facing an acute problem of water logging during monsoon. It appears that the respondents were informed that because of newly constructed road, water which flows above the road gets logged due to height of the road, as a result of which, water is not able to flow across the culvert box and enters hamlet Anandpura. The petitioner has also drawn attention of the Court that height of the road is increased by about 6 feet from the ground level and Sakri river is situated at a distance of 700 feet from the village. During heavy monsoon, water enters village resulting into extensive damage to crops, houses etc. Showing instance of the year 2006 when the monsoon was very heavy, compound wall of Primary School was also damaged and collapsed. It is also brought to our notice that school building also got damaged.

(3.) IT is also brought to our notice that local MLA of the area, who is Minister in the State Government, was also appraised of this problem. Taking into consideration the nature of the problem and hardships which the villagers have to face, we passed an order on 08.04.2008, which reads as under : -