IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17495 of 2007 Date of Decision: 16.12.2008 Citizens for Public Causes (Regd). Petitioner Versus The State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.M.L.Sareen, Senior Advocate with Mr.Vivek Sood, Advocate for the petitioner Mr.Amol Rattan Singh, Addl.A.G. Punjab for respondents No.1 and 4 Mr.Saurabh Goel, Advocate for Mr.Govind Goel, Advocate for respondents No.2 and 3 Mr.Ashwani Prashar and Mr.Deepak Bhardwaj, Advocates for the interveners ….. T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to take possession of the land acquired by them under notifications dated 12.5.2003 and 13.5.2003 in connection with the construction of a road proposed to connect Ferozepur road with southern by-pass in Ludhiana. A mandamus directing the respondents to start Civil Writ Petition No.17495 of 2007 2 construction of the missing link road for which the land has already been acquired in terms of the above notifications and to complete the same within a specified period has also been prayed for. In response to a notice issued by this Court, the Government of Punjab has, through Shri S.R.Kaler, Land Acquisition Collector, Additional Chief Administrator, Greater Ludhiana Area Development Authority, filed an affidavit inter-alia stating that the proposed road meant to connect the Ferozepur road with southern by-pass has two missing links marked on the map, enclosed with the counter affidavit, Annexure R1/1 between points D and E and F and G. Insofar as the missing link between D and E marked on the site plan is concerned, it is common ground that acquisition proceedings in respect of the said portion of the road have already been completed and the challenge to the said proceedings stands repelled upto the Supreme Court. As regards missing link between F and G shown in the site plan is concerned, the Government at one stage, did not propose to construct the said link which decision appears to have been now reviewed on 3.10.2008 with the result that the said link also is now proposed to be constructed to complete the entire road link between A and G in the site plan connecting Ferozepur road and southern by-pass. In paragraph No.4 of the counter affidavit filed on behalf of the State Government, the facts and the decisions relating to the proposed construction of the missing links have been stated as under:- “4. That keeping in view the above factual position, until and unless, the land for completing 2nd Phase is acquired, no useful purpose would be served just by constructing 0.75 Km road for connecting Pakhowal road within Urban Estate Dugri. Civil Writ Petition No.17495 of 2007 3 Therefore, in the affidavit dated 29.5.2008 on behalf of respondent No.3, it was specifically mentioned that there is no further connectivity between Dhandran road and road along the Sidhwan canal and one has to take a circuitous route to reach the southern bye pass. Thus, in fact there are two missing links and not one and the aforesaid missing link will not serve the intended purpose in any case. It is because of this reason that the Government had dropped the scheme vide Memo No.6/7/2003-1HD1/1504 dated 26.2.2008. Now the government has approved the construction of second missing link (phase II) from Dhandra Road to Southern Bye Pass (4.5 Kms) shown in Annexure R-1/1 as brown colour point FG on 3.10.2008 thereby revising the earlier decision dated 26.2.2008 whereby the project had been dropped. Accordingly GLADA has started the preliminary survey through Remote Sensing Centre, PAU, Ludhiana regarding land acquisition. Approximately 200 Nos. structures are involved in the 2nd Missing Link in Phase II of the scheme. About 68.00 acres of land has to be acquired for the construction of phase II. The entire link between Ferozepur Road and Southern Bye Pass has been shown on the plan prepared by Remote Sensing Centre and attached as Annexure R-1/1. The work for completion of the missing links for connecting Ferozepur Road with Dhandra Road (i.e. between Pakhowal road to Dugri Phase III) and Dhandra Road to Sidhwan Canal (Southern bye pass) road can Civil Writ Petition No.17495 of 2007 4 be taken up after completion of the acquisition proceedings.” (emphasis supplied). Mr.Sareen learned senior counsel appearing for the petitioner submits that in the light of the decision now taken by the State Govenrment, nothing further survives for consideration in this petition except that a direction ought to be issued to the government to expedite the process of construction of the road and to complete the same within a specific time frame. Mr.Amol Rattan Singh, counsel appearing for respondents No.1 and 4, however, submits that the process of acquisition of the land required for the second link between F and G in the site plan has not yet started as the authority is still in the process of preparing a site plan for the same, no time frame can be truly realistic at this stage. Learned counsel appearing for some of interveners, who happen to be owners of the land between missing link No.1 marked D to E in the site plan submitted that their houses have yet to be demolished in case the said link was to be constructed. It is not, however, disputed that challenge to the acquisition proceedings in relation to the said land has already been repelled by the Courts and all that remains to be done is to carry out the construction work in that area. In the circumstances, therefore, nothing really survives for our consideration in these proceedings. The writ petition is accordingly disposed off with the observations that the authorities concerned would be well advised to expedite the process of construction of the road so that substantial expenditure already incurred on construction of the two stretches that have Civil Writ Petition No.17495 of 2007 5 already been constructed does not go infructuous. All pending applications shall also stand disposed off in light of the above order. No costs. (T.S.THAKUR) CHIEF JUSTICE 16.12.2008 (JASBIR SINGH) gk JUDGE