1 SBCivil Writ Petition No.2749/2010 Gram Panchayat, Boyal v. State of Rajasthan & Ors. Date of Order :: 17th August, 2010 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. RS Choudhary, for the petitioner. Mr. KK Bissa ] Mr. PP Choudhary] for the respondents. .... 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. 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. 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, 2 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:- “1.That the perusal of the index map Annexure A/1 & Annexure A/2 annexed with this application make it clear that the gravel road is being constructed under NAREGA scheme on the land which is low lying and shall remain submerged under water at least for a period of 4 months i.e. July to October and thereafter during 3 November & December (for a period of two months) land remains saturated with moisture and can not be Highways and other B/T roads. The village Atbara is not so important for its connection through a submergence area. The village Chhitariya is already connected through B/T road with village Atbara. Infact, the difference of distance between the two villages by the existing road and the proposed road is only 2-3 KM, which is no distance at all. Therefore, this road is not required and construction of this gravel road is nothing but wastage of public exchequer. 5.That earlier also the proposal of construction of this road from village Chhitariya to village Atbara was objected by the Gram Panchayat Atbara by way of objection dated 06.06.2005 on various grounds A copy of the representation dated 06.06.2005 is submitted herewith and is marked as Annexure A/5. On such objection, the District Collector, Pali vide order dated 09.06.2005 canceled the construction of this road. A copy of the list showing cancellation of the project is submitted herewith and is marked as Annexure A/6. The villagers of Chhitariya then consented for construction of B/T B/T link road 4 from village Chhitariya to village Atabar under the Prime Minister Gram Sadak Yojna which was ultimately constructed on 25.10.2005 connecting village Chhitriya to village Atbara. 6.That it will not be out of place to mention here that the entire proposed gravel road of 4 KM fall within the jurisdiction of Gram Panchayat Atbara. As per the NAREGA scheme, the proposal, if any, for construction of such gravel road is to be sent by Gram Panchayat, Atbara. As such, the Gram Panchayat, Boyal has no jurisdiction to send such kind of proposal of construction of gravel road upto village Atbara. The Gram Panchayat Atbara has already passed resolution dated 05.03.2010 about non-requirement of such gravel road in the submergence area. A copy of the resolution dated 05.03.2010 is submitted herewith and is marked as Annexure A/7. 7.That on earlier occasion back to 1969 and thereafter, in 1975, it was settled by the villagers for not constructing this proposed road through submergence area as no purpose will be served. Again when in 1989, the attempts were made for construction of this road, then the civil court granted decree of perpetual injunction. In a settlement, the villagers of both the 5 villages agreed in construction of link B/T road connecting these two villages whereby the Gram Panchayat Atbara for this purpose had to surrender its Bapi-Gochar. 8.That again a detailed representation dated 08.03.2010 was submitted by the villagers of gram panchayat Atbara to the District Collector, Pali against the construction of gravel road between village Chhitariya and village Atbara. A copy of the representation dated 08.03.2010 is submitted herewith and is marked as Annexure A/8. 9.That a resolution dated was also passed by the Gram Sabha for cancellation of construction of gravel road between village Chhitariya to village Atbara. A copy of the resolution dated 18.03.2010 is submitted herewith and is marked Annexure A/9. 10.That it will also be not out of place to mention here that the construction of gravel road through submergence area between the two villages will act as human interruption in free flow of natural water. The human interruption will also cause environment hazard which is violative of article 21, 51(g) & 51(j) of Constitution of India. 6 11.That the entire area of water submergence has been declared as Organic Farming Project. In this area, the pesticides, insecticides and chemical mannure are not being used in the process of farming in this area. As per norms for organic farming, the prohibited items like bidi, cigarette, tobacco, plastic bags etc. are also prohibited. Even during the period of farming, entry of human being and cattles are restricted. During this period, the entire area is protected by fencing and patrolling by guards. The construction of gravel road in such a restricted area will lead to interception in the organic farming.” From the facts narrated above, it is apparent that a serious disputes exist between the Gram Panchayat, Boyal and Gram Panchayat, Atbara for construction of the road as sanctioned under order Anx.9. The dispute existing is required to be settled at administrative level and not by this Court while exercising powers under Article 226 of the Constitution of India. As such, it shall be appropriate to dispose of this petition for writ by directing the Collector, Pali to examine the entire matter at his own level with assistance of the representatives of Gram Panchayat, Boyal and Gram Panchayat, Atbara and also with other technical 7 experts including a representative of Rajasthan Pollution Board. Accordingly, the Collector, Pali is directed to consider the dispute which is subject matter of this petition for writ at administrative level by constituting an appropriate committee including the representatives of Gram Panchayat, Boyal, Gram Panchayat, Atbara, the Executive Engineer, Public Works Department, Division Sojat City, Pali and also a representative of the Rajasthan Pollution Board. The entire issue is required to be resolved by the Collector with the aid of the committee concerned within a period of three months from today. If after disposal of the matter by the Collector, Pali any grievance of the parties survives, then they shall be at liberty to avail appropriate remedy. The petition for writ stands disposed of. ( GOVIND MATHUR ),J. kkm/ps.