SWAPAN KUMAR SAHOO Vs. PROBODH KUMAR PRAMANIK

JUDGEMENT

(1.) By this appeal, correctness of the order of the learned Single judge dated March 6, 2019 passed in W.P.A. No. 25920 of 2018 (Shri Probodh Kumar Pramanik and Ors. Versus -The Union of India and Ors.) has been questioned by the writ petitioner who by an order of injunction restrained the respondents from constructing any road or develop the existing road on plot no. 167 in any manner whatsoever.

(2.) The writ petitioner/respondent herein had filed a writ petition W.P. No. 25920 (W) of 2018 under article 226 of the Constitution of India objecting to the widening of road by the concerned authorities. The facts of this case are that there exists an 18- feet wide panchayat moram road which is in poor shape as it was constructed three/four decades ago. The dilapidated road caused difficulties for the families who reside in the said village. Thus, the concerned authorities took charge under the scheme of Pradhan Mantri Sarak Yojona to widen and develop the road.

(3.) The Writ Petitioner/ Appellant objected to the widening of the road on the pretext that his land shall be encroached if the road is widened and developed by the local authorities. Neglecting his objection, the authorities in charge i.e., the Khanamohan Gram Panchayat and the Debra Panchayat Samiti had instructed the contractor to carry out repairing and widening work of the existing road since the condition of the road had become miserable and the entire village road had already been widened and repaired except about the 150 meters of road where the land is owned by the present writ petitioner.