IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19101 of 2008 Date of Decision: 19.12.2008 Gram Panchayat Shahpur Bela and others Petitioners Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.S.K.Sandhir, Advocate for the petitioner Ms.Madhu Dayal, Additional Advocate General, Punjab for the respondents ….. T.S.Thakur, C.J. (Oral) This petition, filed in public interest, prays for a mandamus directing respondents No.1 to 4 to increase the length of a bridge proposed to be constructed over river Sutlej at Sarai Ka Pattan (connecting Boonga Sahib-Noorpur Bedi in district Ropar) to 1100 meters instead of 675 meters as is presently planned. The petitioners’ apprehension is that on account of the construction of the bridge in question, villagers residing in villages Bhatauli/Chanauli, Tirkarma Nirmoh, Bassi, Mianpur Handoor, Dadhi, Civil Writ Petition No.19101 of 2008 2 Chandpur Bela, Gajpur, Kheri, Mirpur, Ghawarpur Bela, Kalyanpur, Upper Shahpur will face danger of submerging on account of heavy flood in river Sutlaj. It is submitted by counsel appearing on their behalf that the construction of the bridge will obstruct free flow of water in river Sutlaj in the area mentioned above with the result that the villages mentioned above would get totally deluged and even submerged in water, causing loss of life and property. When this petition initially came up before us on 7.11.2008, we directed respondent No.2, the Chief Engineer, Punjab to examine the representation filed by the petitioners and to submit a status report after inspecting the spot with a view to allaying the apprehension expressed by the petitioners regarding adequacy of the length of the proposed bridge. Mr.Daljeet Singh, Chief Engineer (IP), Punjab, PWD (B&R) Branch has in compliance with the said direction, submitted a status report on affidavit. A reading of the said report shows that the existing high level bridge on Sutlej spanning Jhajj Chowk to Anandpur Sahib road at Thanna Pattan is over 1000.6 meters long. The high level bridge under construction at Sarai Ka Pattan over Sutlej river is proposed to be only 675 meters in length. The status report further states that the length of a bridge at a given site over a river depends upon the depth and discharge of the water at that point. If the discharge is the same, the length of the bridge will be less, at places where the depth of the water is more. The length of the bridge will be more at places where depth is less. At Sarai Ka Pattan, the length of 675 meters for a bridge is adequate as per the design criteria based on discharge figures available with the Irrigation Department. It is also pointed out that Civil Writ Petition No.19101 of 2008 3 the bridge already constructed near Anandpur Sahib on Jhajj Chowk to Anandpur Sahib road is 10 kms. upstream from the existing bridge and has a total length of 1000.6 meters. The waterway of the river Sutlej at that point is more than the waterway at bridge under construction at Sarai Ka Pattan as depth of waterway is only 2 to 3 mtrs. at Thanna Pattan, Anandpur Sahib. The water way at the site where the bridge is proposed, however, is 7.92 meters deep. This calls for a shorter length of the bridge, which the authorities have found to be adequate at 675 meters. The Chief Engineer, who is present in Court in person, submits that there is no basis for the apprehension expressed in the writ petition that the construction of the bridge will interfere with the free flow of water even when river Sutlaj gets flooded during rainy reason. He submits that the authorities have kept all possibilities and also the data available of highest ever flood in the Sutlaj of the year 1988 in view while determining the length of the bridge. He also agreed to consider any further representation which the petitioners may like to make in order to satisfy them that the length of the bridge does not need to be extended. Extension of the length of the bridge at any rate would cost the State government anything upto Rs.five crores for every 100 meters of additional span. In the totality of the circumstances set out above and in the light of the technical aspects explained in the status report, we are of the view that there is no reason for us to direct any extension in the length of the bridge. If the technical experts on the subject have determined a length of 675 meters to be adequate and sufficient not only for the bridge but also for the safety of those living in the vicinity, we see no reason to direct its extension, especially Civil Writ Petition No.19101 of 2008 4 when the verification made by the Chief Engineer on the spot has not revealed anything that would make the proposed bridge unsafe for itself or for the residents of the villages mentioned earlier. In the result this petition is dismissed. This order shall not however, prevent the petitioners from making any further representation to the Chief Engineer in regard to the proposed bridge in which event the Chief Engineer can examine the matter and take such remedial steps as may in his opinion be necessary. No costs. (T.S.THAKUR) CHIEF JUSTICE 19.12.2008 (JASBIR SINGH) gk JUDGE