KARTAR SINGH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The following reliefs are claimed in this writ petition:

(2.) The case set up by petitioners belonging to village Chuthan, Tehsil Banihal, District Ramban is that village Chuthan falling in Block Ramsoo/Ukhral of Tehsil Banihal is the last village in the far-flung area not connected with a motor-able road. It is averred in the petition that village Chuthan, being surrounded by hills, remains cut-off during winter season. The villagers consisting of about 100 families are said to be facing lot of difficulties. The adjoining village Halla also consists of about 100 families. It is further averred in the writ petition that in view of the geographical location of the village and lack of motorable road facility, Government decided to construct a road from Senabati to Gujrara via Chuthan under NABARD-RIDF-XV. The road is said to have been already constructed upto Senabati. Distance from Senabati to Chunthan is about two kilometers whereas from Chunthan to Gujrara, the distance is five kilometers. Thus, the proposed road from Senabati to Gujrara via Chunthan would have road length of about seven kilometers. It is further averred in the petition that the residents of Chunthan and Halla mainly depend on agriculture and rearing of cattle. In summer, the villagers shift their residence to pastures in hills abutting the famous Chamunda Mata Sharwa Dhar Hill lying across the river flowing alongside village Chunthan. Since the villagers have to cross the river, it was decided to construct a bridge and road from Senabati to Gujrara via Chunthan. It is further averred in the petition that apart from the above, village Chunthan was brought under the State Tourism Policy to attract tourists for which a motorable road was essential. Besides annual pilgrimage of Chamunda Mata from May to Oct. passes through the village Chunthan and the successive governments had decided to provide road connectivity for the benefits of the yatris. It is further averred in the petition that the survey conducted for construction of the proposed Senabati to Gujrara road via Chunthan was approved by the respondent no.l. Even foundation stone was laid for construction of the afore-said road, for which tenders were invited for two portions in kilometer first. It is averred that the work was allotted to contractors and the aforesaid two portions were completed. However, black topping has not been done. It is further averred that respondent no.4 had issued NIT dated 09.01.2010 in respect of two more portions of the road. The work was allotted to contractors and the same has been executed. However, black topping has not been done so far. Respondent no.4 is said to have issued NITs in respect of second, third and fourth kilometers for which work was allotted to contractors and the same stands executed. However, black topping has not been done. It is further averred that the respondents have decided not to complete the road as one-Omkar Singh had raised some objection which was used as an excuse for not constructing the road as per the approved survey. Subsequently, the aforesaid Omkar Singh gave his consent for construction of road through his land. However, respondents 4 and 5 have decided to stop the work beyond RD 500 second kilometer and instead decided to construct the Senabati-Gujrara road from RD 0 first kilometer i.e. from Senabati itself and not via Chunthan. It is alleged that the change of alignment has been effected contrary to the approval granted by respondent no.l and respondents could not be permitted to change the alignment in mid-way and abandon construction of Senabati-Gujrara road via Chunthan.

(3.) Respondents no.l to 3 have filed objections admitting that a Project Report was prepared for construction of road from Senabati to Gujrara via Chunthan. Various options were considered and finally the best feasible option was selected. It was decided to connect village Chunthan with Ukhral Senabati road KM 12th RD 50 which works out to 1.60 kms from Chunthan village. The other option was to connect Gujrara area by laying the road through built-up area as well as prime agricultural land of lower Chunthan but that would result in involvement of whole agricultural land of lower Chunthan village. Thus, it was decided to connect Gujrara village with main Ukhral Senabati road. The alternate alignment was technically feasible as there is saving of 0.5 kms road length, better bridge site location, besides, avoiding of prime agricultural land of lower Chunthan. It is further pleaded that the socio-economic conditions of the inhabitants would not warrant utilisation of the prime agricultural land for road construction, more so, when the same was being undertaken under NABARD. It is pleaded that the road alignment from Senabati to Gujrara connects the village Chunthan as well as Gujrara, thus satisfying the demand of the local people in respect of road connectivity. This alignment is said to be the most feasible alignment in view of the topography of the area. Respondent no.4 has filed objections pleading that the finally selected alignment was technically feasible as there is saving of 0.5 km road length, better bridge site location and this alignment avoids the prime agricultural land of the lower Chunthan area. Respondents 6 and 7 have filed objections reiterating the pleas taken by the official respondents. It is further pleaded that the petitioners are residents of Chunthan and have been connected by road from Senabati to Chunthan. It is further pleaded that the change in road alignment based on viability and public interest cannot be questioned by petitioners who have already got road connectivity.