LAWS(PAT)-2000-12-2

DEVENDRA KUMAR ARYA Vs. STATE OF BIHAR

Decided On December 20, 2000
Devendra Kumar Arya Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE submissions on behalf of the State by the State counsel have also been made on (sic) of the Government of Bihar in an affidavit affirmed by the Secretary, Rural Development Department.

(2.) THE present issue has been brought by several petitioners as a Public Interest Litigation who are otherwise residents of several villages, which used a road between Hilsa and Paravimore via Bansbigha. It is contended that this is a vital road for the people of the villages and without this road they are virtually land -locked. The length of the road which lies in disrepair is about 18 kilometers of which 6 kilometers is the subject matter of assurance by the State respondents that it will be completed and in so far as the rest is concerned, there is an uncertainty whether it would see the finalisation of the project. In me totality of circumstances, the road is on paper only.

(3.) IT is acknowledged at the Bar on behalf of the State that the road was abandoned from being completed in 1992. This aspect is mentioned in paragraph 4. If funds were spent for this road, it was between 1986 -1992. Thereafter, the funds were not made available. It is acknowledged that the construction of the road had to stop midway during the year 1992 -93. Since the road was not completed, the rest is consequential that it will be subjected to ravages of climate. Implying thereby that any investment which was made on the road which was abandoned is now virtually a waste. This is an amount of Rs. 13,50,589/ -. The plan was abandoned.