PREM NARAYAN PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER claiming himself to be a public spirited person has filed this writ petition in the public interest praying for the following reliefs :

(2.) AS per the averments made by the petitioner in the petition, in order to improve the social and economic conditions of the villagers the Central Government had introduced a scheme known as "Pradhan Mantri Gram Sadak Yojna" (hereafter referred to as 'PMGSY') under which roads were to be constructed to benefit the villagers living in interior parts so that they can get road connectivity by good all -weather roads. To implement PMGSY in Raisen District the detail survey was made and a master plan was prepared, according to which a road from State Highway No. 15 to Manakwara village was sanctioned through village Khamaria and Chirah. But to the shock and surprise to the petitioner the respondents have decided to change the plan and instead of the above referred road the respondents approved the road from Manakwara to State Highway No. 15 through village Deni and Padaria. As per the petitioner the road joining Manakwara to S.H. 15 through village Khamaria and Chirah was sanctioned after a thorough survey and was approved by the Zila Panchayat and also by the Planning Committee and, therefore, such abrupt change of it by the respondents was not permissible. It has also been averred by the petitioner that the change of route is not in the public interest. It has further been averred that the habitants of villages Khamaria and Chirah have been illegally deprived of by the road facility. The change in the plan to construct the road through other villages is only because of political reasons and the same being arbitrary exercise of powers deserves to be quashed.

(3.) THE respondents have filed their return and have denied any arbitrariness or mala fide in their action. It has been stated in their return that the guidelines issued about the implementation of the PMGSY have been duly complied with, which envisages that after the receipt of road plans from all the blocks it has to be scrutinized by Chief Executive of the District Planning Committee/Chief Executive Officer/District Collector to be assisted by a Committee comprising of the Head of the Programme Implementation Unit, Superintending Engineer and Executive Engineer, P.W.D., Executive Engineer, Rural Engineering Service (Member Secretary) and senior officials of the Revenue/Rural Development Department, as Members. They are required to look into the deviations, if any, made by the intermediate Panchayat and the justification therefore. They must ensure that the Road Plan is according to the Road Index, calculated as per the proposals of M.Ps. and M.L. As have been duly considered. If any provision made by Intermediate Panchayat of the Committee preparing the original plan is not as per the guidelines such provision should be changed, the reasons, thereof should be mentioned clearly. As per respondents it is within the ambit of the competent authority to modify the plan in the interest of the habitation as per the guidelines. It has been further stated that there are two routes available to connect village Manakwara. One is via habitations of Khamariya and Chirah and other one is via Deni and Padaria. The length of these routes to connect Manakwara is 6 k.ms. (via Chirah -Khamaria) and 5.50 k.m. (via Deni -Padariya) respectively. The local public representatives pointed out that the construction of road through Deni and Padaria would be more beneficial as more number of people would be benefited and the distance will also be shorter in comparison to the earlier sanctioned route. Intermediate Panchayat (Janpad Panchayat Silwani) had also passed a resolution in their meeting dated 17 -10 -2001 that the village Manakwara be connected to S.H. 15 via Deni and Padaria only. The road index calculations of both the routes were also examined on the basis of parameters assigned by Jila Panchayat and it was found that the construction of road through village Deni and Padaria would be fully as per guidelines of PMGSY. There were representations from different sections of the people representatives and Sarpanchas of Gram Panchayat including the Incharge Minister of Raisen. The respondents further averred in their return that on this disputed issue the opinion of Jila Panchayat of Raisen was sought and it also recommended the construction of road via villages Deni and Padaria and therefore, the decision was taken to construct the road through villages Deni and Padaria. It was further submitted by the respondents that the earlier proposed route was benefiting only 650 persons whereas the present connectivity of villages Deni and Padaria would benefit 1070 persons. The respondents accordingly justified their action and prayed for dismissal of the petition. We have heard Shri Mrigendra Singh, learned counsel for the petitioner and Shri Ajay Mishra, learned Deputy Advocate General, for the respondent/State and perused the record. After going through the record and considering the rival submissions of the learned counsel for both the parties, we are of the opinion that this petition has no merit. It is not disputed before us and is also clear from the record that earlier the respondents have prepared a master plan for the construction of the Road under 'PMGSY' for joining Manakwara to S.H. 15 via villages Khamaria and Chirah but the said plan was changed and the road was proposed to be constructed from Manakwara village to S.H. 15 via villages Deni and Padaria. The guidelines issued for construction for roads under PMGSY Annexure R -3 provides in Chapter 3 provision 3.2 which reads as under: