LAKHAN CHANDRA MARDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been filed ostensibly in Public Interest for issuance of a writ of mandamus directing the respondent -State of Jharkhand to conduct an inquiry in regard to the exorbitant expenditure of Rs. 1,04,78,477.57 on construction of an over bridge at Hathijiada between Panch Pandav and Block, within the jurisdiction of Ghatsila Block, East Singhbhum under the Rural Development. Special Division, Jamshedpur

(2.) LEARNED counsel for the petitioner submitted that the bridge which was required to be constructed at the aforesaid place would have been enough if the bridge had been stretched with a measurement of 15'/10' only and that would have entailed the expenditure of approximately five lacs rupees. It has been submitted that instead of constructing the bridge over the 'Nala' of the aforesaid specification, a bridge of much greater length has been constructed at an expense of Rs. 1,04,78,477.57. Therefore, the petitioner has urged that the construction of the bridge of a much greater length at a much higher expense, which was not required, ought not to have been allowed to be constructed, as a result of which large number of houses are now forced to be evicted below the bridge having serious repercussion on the home and hearth of the occupants.

(3.) IT is relevant to take note of the fact that the petitioner has not come up with a case that the amount which had been spent on the construction had, in fact, not been spent on the same but his specific case is that a bridge of shorter length was sufficient which would have entailed a much less expenditure and that would have been sufficient to serve the purpose. Thus, the petitioner and his counsel have tried to overrule the opinion of the experts adopting a common sense approach contrary to the opinion of the technical experts that the bridge of a greater length was fit to be constructed on the 'Nala'.