CWP No.2899 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2899 of 2008 Date of decision : April 15, 2009 Resurgence India ....Petitioner VERSUS State of Punjab and others ....Respondent CORAM:- HON'BLE MR. JUSTICE T.S. THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. A.P.S. Shergill, Advocate, for the petitioner. Ms. Madhu Dayal, Addl. AG, Punjab, for respondents No.1, 2 and 4. Mr. Harsh Aggarwal, Advocate, for respondent No.3. Mr. Jagdish Marwah, Advocate, for respondent No.5. Mr. R.S. Cheema, Advocate, for respondent No.6. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The present petition, in public interest, is to direct the respondents to immediately complete the project of construction of Railway Over Bridge, being constructed in replacement of wooden bridge (Lakkar Ka Pul). CWP No.2899 of 2008 -2- The petitioner claims to be a Non-Governmental Organization registered under the Societies Registration Act, 1860 working for peoples' empowerment, social awakening, upholding of civil liberties, human rights and human dignity. In the present petition, the petitioner has espoused the cause of residents of Ludhiana on account of failure of the respondents to construct Railway over bridge though the old bridge was stopped for public use in the year 2001 when the construction was taken in hand. It is alleged that the respondents have failed to ensure the completion of project. In the process of construction, the amenities available were removed. The public is suffering on account of inaction on the part of the respondents to complete the bridge expeditiously. It has been pointed out that Railway over bridge was to be constructed in place of old wooden bridge at the total cost of Rs.13.44 crores but due to prolonged delay in execution of the project, the estimate cost has escalated to Rs.33.51 crores. The earlier bridge was closed for public use in the year 2001 but due to increase in traffic on two bridges, connecting civil line area to old city, called "Jagroan bridge" and the second called "Domoria pul" it has become difficult for the general public to commute. It was reported in a newspaper that at point 376.164 kilometer position on Ludhiana- Amritsar Railway track, a project was conceived to construct a Railway over bridge at the place of old wooden bridge to ease the pressure of traffic in the city. The bridge over Railway lines was to be constructed by Railways and fly over on both sides of the Railway CWP No.2899 of 2008 -3- bridge was to be constructed by State's Public Works Department. The estimate for such construction was sent by PWD to the Municipal Corporation on 07-10-1996. The Municipal Corporation did not provide the space and funds though a sum of Rs.4,90,00,000/- was deposited by the Municipal Corporation, Ludhiana with the Railways for construction over the Railway lines. But the said project has not been completed though construction was undertaken in hand. Such project was to be completed within a period of two years but the same has not been completed even today only on account of bureaucratic delays and lack of coordination and planning by the different State authorities. Photographs produced by learned counsel for the petitioner shows that pillars for over bridge has been raised to substantial extent but the same are in incomplete position allegedly for over 7 years now. The petitioner has made detailed reference to the communications between Municipal Corporation, Improvement Trust and the State Government and also with Railways in respect of construction of such over bridge but, it is alleged that nothing has moved substantively on ground. In reply on behalf of Executive Engineer, Provincial Division, PWD (B&R) Ludhiana, the intervention of this Court is sought to get the unfinished work completed as the project is indeed of great public importance for de-congesting the city from traffic chaos. The said respondent has pointed out the reasons of delay is in the planning of Railway Over Bridge. It is pointed out that the Railway lines cuts the CWP No.2899 of 2008 -4- Ludhiana City into two parts – one the Old City Area and the other the Civil Lines Area. The only access to these two parts of the City is from "Domoria Pul" which is a Railway under pass at one far end side of the city and the other link is at "Jagraon Ka Pul" i.e. a Railway Over Bridge on the other far end from "Domaria Pul". These two road links are of the British era and they have outlived their utility because of tremendous traffic congestions on these two conjunctions. It is pointed out that approval of re-design by the Municipal Corporation, Ludhiana had been the main concern and cause of delay. The Original design of 1996 has not been approved by Municipal Corporation, Ludhiana. The delay is on account of non-availability of funds and also the vacant site. It is also pointed out that as against Rs.393.26 lacs provided by Municipal Corporation, the Department has spent RS.393.61 lacs. It is also pointed out that the funds did not come from Municipal Corporation, Ludhiana nor from Ludhiana Improvement Trust who was to share the 50% cost each. In reply filed on behalf of respondent No.3, it is pointed out that Local Government vide its letter dated 23-1-1995 directing Municipal Corporation and Improvement Trust Ludhiana to share the estimated cost in equal shares. It is pointed out though Corporation has deposited a sum of Rs.10.14 crores either with Railways or with PWD (B&R) but Improvement Trust has not deposited their share of 50% of the project cost. In a short affidavit filed on behalf of Improvement Trust Ludhiana, it has been pointed out that Improvement Trust is prepared CWP No.2899 of 2008 -5- to pay and bear 50% of the expenses as per Resolution No.506 dated 21-2-1995 wherein it was decided to construct a new Railway Over Bridge in place of Old Lakkar Railway Over Bridge. It has been mentioned that approved estimate of proposed over bridge be sent to the office of Improvement Trust against which the payment can be made. As and when proposed estimate of the over bridge would be communicated to the office of Improvement Trust, the payment shall be released forthwith. The Railways in its reply has asserted that there is no delay in the construction of Motorable Over Bridge on account of any lapse of Railways. It is asserted that delay has been caused by the Municipal Corporation. It has been pointed out that a sum of Rs.8,52,876/- vide Demand Draft dated dated 2-1-1996 was deposited by Sub-Divisional Engineer, Roads & Bridges with the office of the Deputy Chief Engineer, Construction, Northern Railways , Chandigarh but the approval was not communicated. A draft for Rs.4.00 crores was sent by Superintending Engineer, Municipal Corporation on 4-12-1996 on account of advance payment for construction of Motorable bridge. The Railways called upon the Secretary, PWD (B&R) Branch to deposit a sum of Rs.2,36,65,969/- towards relinquishment of rights in Railway land measuring 2261.44 sq.mtr. It has been pointed out that revised General Arrangement Drawing received from the Constructional firm is submitted to the Chief Engineer, Patiala for approval, but the approval is still awaited. Having heard learned counsel for the parties, we find that CWP No.2899 of 2008 -6- the present is a glaring case of red tapism and bureaucratic apathy and indifferent attitude to the public needs. The necessity of Railway Over Bridge was recognized in the year 1995 when it was decided that the construction cost shall be shared by the Municipal Corporation and the Improvement Trust. Certain amount is said to have been expanded by the Municipal Corporation but the fact remains that the over bridge has not been constructed for want of general alignment drawings or other departmental approvals as may be required and necessary before the construction work is actually taken up in hand. Such indifferent attitude by different functionaries of the State Government cannot be permitted to continue. Therefore, we direct Principal Secretary, PWD (B&R) to convene a meeting of the officials from the PWD (B&R) Branch, the officials of the Municipal Corporation, Improvement Trust and the Railways to decide and resolve the issue of approvals and alignment of the Railway Over Bridge. Such decision should be taken within a period of two months from a date a copy of the order is received by the Principal Secretary, PWD (B&R). It shall be decided in the aforesaid meeting itself whether the Railways have to construct the part of the Railway Over Bridge over the Railway property or one consolidated contract is required to be given. All issues between different functionaries of the Government should be resolved within the aforesaid period. The Municipal Corporation and the Improvement Trust shall deposit the estimated cost to the PWD (B&R) in the time CWP No.2899 of 2008 -7- schedule decided in the aforesaid meeting. The Municipal Corporation and Ludhiana Improvement Trust shall be duty bound to deposit the funds required for completion of the project in the manner finalized in the meeting. The contract for construction of the over bridge should be awarded within a period of another three months. In other words, within six months of the date of the receipt of the copy of the order, the construction work of the Railway over bridge should be commenced. The same shall be completed as expeditiously as possible. Liberty is given to the parties to approach this Court by way of suitable petition or application, if any difficulty arises or there is any inaction, neglect or delay in execution of the project. The writ petition stands disposed of with the above direction with no order as to costs. (T.S. THAKUR) (HEMANT GUPTA) CHIEF JUSTICE JUDGE April 15, 2009 manju