NAZIR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the instant petition filed under Article 226 of the Constitution has sought the following reliefs:

(2.) The background facts, under the shade and cover of which the aforesaid reliefs have been prayed and as are stated in the petition, are that the respondents herein executed the construction work of National Highway- 44 at Krawah Banihal District Ramban by use of heavy machinery as also the respondents after doing earth cutting of the area kept the same unattended during the winter season for a considerable period of time without there being any drainage system put in place by the respondents for the rain water and surface water from the catchment areas due to melting of snow, which rain water and surface water percolated downhill side in the property of the petitioner and caused immense damage to the foundation of the said property, besides developing cracks therein and in the process caused damage to the residential house and the private educational institution/school owned and possessed by the petitioner herein existing on the uphill side of the road at the site, whereafter the petitioner in this regard, approached the office of the Deputy Commissioner, Ramban and Police Station, Ramban, whereupon the Addl. Deputy Commissioner, Ramban vide letter No. CLA/NH- 44/2020/126 dtd. 20/3/2020 directed the Executive Engineer, PWD (R&B) Division to furnish a detailed report after making a spot inspection, in compliance whereof, a report came to be submitted on 6/8/2020, wherein it came to be reported that the construction work of National Highway-44 on uphill side of the area by way of Deep Gulla Earth cutting and also by deploying heavy machinery and thereafter kept at the site unattended during the winter season as also during the COVID-19 lockdown without making any drainage arrangements for rain/surface water from the catchment area on account of melting of snow in the area, which caused water logging for a considerable period of time and consequently the said water percolated to downhill side into the foundation and the constructions of the petitioner causing immense damage to the same, which damage needs immediate rectification to avoid any further damage to the structures and that the construction agency be directed to construct the drainage system at the particular location immediately to avoid water logging so that the structures could be saved from further damages.

(3.) Objections to the instant petition have been filed by the respondent 2 herein, wherein it is being pleaded that "M/s Navyuga Engineering Co. Ltd." has not been impleaded as a party being the executing agency of the project, though it is not denied in the reply that the respondent 2 herein undertook the work for construction of the four laning of the National Highway by the said executing agency.