PREM CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) By the Court. In this writ petition filed in public interest Shri Prem Chandra Srivastava, resident of Village and Post Kilhapur (Tarhethi) Distt. Jaunpur, has on his behalf, and for the benefit of the residents of the area around river Varuna sought intervention of the Court against the diversion and relocation of the bridge over the river constructed by the Department of Irrigation, Government of UP. from public funds, to serve the individual interest of respondent Nos. 3 to 5, to connect their agricultural fields on either side of the river. It is alleged that the site of the bridge proposed on the river Varuna amongst the 11 bridges to be constructed in pursuance to decision taken in the meeting dated 25.7.2007 of the Irrigation Department, under the Chairmanship of the Hon'ble Minister, on 'Varuna Nala', 0.00 k.m. to 38.3 k.m. in respect of Village Road Bridge (VRB) at K.M. 21.945 at Tarhethi Bazar, has been changed illegally and arbitrarily only on an application given by respondent No. 3 seeking approval to connect the fields of respondent Nos. 3 to 5.

(2.) On 23.11.2009 we called upon the respondents to file replies and stayed the construction of the bridge by an order as follows:

(3.) Shri Alok Kumar Yadav, learned counsel for the petitioner submits that the mother of respondent Nps. 3 to 5 Smt. Israji was the Gran Pradhan of Village Tarhethi, Distt. Jaunpur. She utilised the Gram Sabha fund for constructions of a small bridge at a place, where it connected the fields of respondent Nos. 3,4 and 5 on either side of the river. The unauthorised constructions of the bridge without technical clearance and permission of the Irrigation Department stopped the flow of the stream of the river during rainy season and threatened floods to the village and its vicinity on both sides.