LAWS(HPH)-2007-8-75

ATMA RAM Vs. STATE OF H.P.

Decided On August 01, 2007
ATMA RAM Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS writ petition was filed by five petitioners who are residents of Villages Ghawech, Lagal and Majhar, Tehsil Theog, District Shimla, H.P. It would be pertinent to mention that out of the five petitioners, two, i.e. petitioners No.1 and 5 have submitted that they do not want to pursue the petition and therefore they may be permitted to withdraw from the case.

(2.) THE grievance of the petitioners is that the Bhakelti to Majhar Link Road was constructed in the year 2002-2003. In the year 2005 funds were allocated under the Pardhan Mantri Gramin Sadak Yojna (PMGSY) for reconstruction of the aforesaid road after giving proper gradient. According to the petitioners, the respondents have not followed the Detailed Project Report (DPR) and are merely widening the existing road without proper gradient and without keeping into consideration the guidelines/instructions issued under the PMGSY. The main relief claimed by the petitioners is as follows:

(3.) REJOINDER has been filed by the petitioners. The grievance of the petitioners is that instead of constructing a new road as per the DPR, the respondents have left the gradient which is very steep. The petitioners alongwith the rejoinder have also placed on record the PMGSY guidelines and Operations Manual and have submitted that the Environmental Management Scheme is given in this Manual and have made specific reference to Guideline 6.9.12 which reads as follows: