GRAM PANCHAYAT BOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Gram Panchayat, Boyal has preferred this petition for writ seeking a direction for Sub Divisional Officer, Sojat to get the work implemented as sanctioned under the order Anx.9 passed by the District Programme Coordinator-cum-District Collector, Pali.

(2.) It is submitted that under the order aforesaid the Collector sanctioned for construction of a road from village Chhitariya to Atbara in Panchayat Samiti, Sojat, however, because of disturbance created by certain encroachers and because of political intervention the Sub Divisional Officer, Sojat is not executing the work concerned.

(3.) A reply to the writ petition has been filed on behalf of the respondent State stating therein that the sanction was granted for construction of the road, however, looking to certain problem of law and order at site it was difficult to complete the work. It is also stated that the execution of work sanctioned under order Anx.9 cannot be made in hot haste and without settling administrative problems including protection of public peace. A definite statement is also made that the work concerned being sanctioned under National Rural Employment Guarantee Scheme is not going to be lapsed or cancelled by flux of time. On acceptance of an application the Gram Panchayat, Atbara also became party to the proceedings on 26.5.2010. As per Gram Panchayat, Atbara the construction of road as sanctioned is not in public interest and that will adversely effect organic farming projects undertaken within the jurisdiction of the Gram Panchayat, Atbara. As per Gram Panchayat, Atbara the construction of road will also interrupt natural course of flowing water. Certain relevant facts stated by the Gram Panchayat, Atbara deserve to be quoted as under:-