MAHAVIRSINH JAGATSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsels for the parties and perused the record.

(2.) The instant petition in the nature of Public Interest Litigation has been filed by one person who is claims to be 'Ex-Sarpanch' of Charodia Town, resident of Charodia, Taluka Dhandhuka, District Ahmedabad. It is stated that the petitioner and other residents of the Charodia Town are agriculturist. Because of the geographical situation of the town, during the rainy season, the water flow of Bhadar river as well as water ways of Vasna agriculture land is used to be flown from Vasna town to agriculture land of Charodia and under the bridge of Limbdi-Dhandhuka Highway, it passes ahead. At present, there are four small pipes which are in existence as an old structure of the road and the water flow used to pass from these four pipelines. The quantity of the water and the flow is very high and these four pipe lines are not enough to maintain the flow, ass a result of which, the excess water entered in the lands of Charodia town as well as Gauchar lands of the said town.

(3.) In the affidavit filed on behalf of the respondent no. 3 namely, the Executive Engineer, State Road Project Division, Rajkot, it is stated that the State Government through the Roads and Building Department granted an administrative approval for the project work vide order dtd. 22/5/2017 and the project in question pertains to improvement of the existing 'Dhandhuka-Limbdi State Highway' that includes incidental civil works. The consultant engaged by the Roads and Building Department has submitted its Social Impact Assessment and Resettlement Action Plan to the State Government for preparation of the detailed project report, bid documents, monitoring engineering of the project in question. Numerous public consultation meetings were held with the project affected families/persons/elected representatives, community leaders etc. The aim of such public consultation meeting was to discuss the issues faced by such class of persons and to seek their objections/suggestion with regard to the proposed project in question. In the instant case, no objection or grievance have been raised with regard to the construction of the 'box culvert' in place of existing 'pipe culvert'. A copy of the Resettlement Action plan forming part of the Social Impact Assessment and Resettlement action plan is appended with the said affidavit. A bid has been invited for the project in question on 13/8/2018. The technical and financial bid of the bidder namely, respondent no. 5 have been accepted. Schedule-2 of the technical bid envisaged the construction of the pipe culvert with two rows of 1200 milliliter diameter pipe in place of existing four rows of 600 millimeter diameter pipe culverts. A letter of acceptance dtd. 2/4/2019 has been issued by the office of Superintending Engineer, Project Implementation Unit, Gandhinagar to respondent no. 5 for execution of civil work pertaining to the project in question. An agreement in this regard has been arrived between the respondent no. 5 and the Roads and Building Department on 5/4/2019. The copies of letter of acceptance, the contract agreement and the notice to proceed with the work have been appended with the writ petition. It is clarified that feedback Infra is the entity that provides consultancy and monitoring of the project work of the State Government with regard to the project in question whereas, respondent no. 5 namely, 'M/s. Prakash Asphalting and Toll Highways (India) Limited', is the executing agency being the contractor for the civil works of the project in question.