HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 50 of 2009 Deen Dayal Bhatt. ……..Petitioner Versus State of Uttrarakhand and others. …….Respondents Shri Vipul Sharma, Advocate for the petitioner, Shri Rakesh Thapliyal, Addl. Advocate General for the State/respondent nos. 1 to 4. Shri D.S. Patni, Advocate for respondent no.6. Dated: October 22, 2010 Coram: Hon’ble Tarun Agarwala, J. Hon’ble V.K. Bist, J. Tarun Agarwala,J. (Oral) Heard Mr. Vipul Sharma, Advocate for the petitioner, Mr. Rakesh Thapliyal, Addl. Advocate General for the State/respondent nos. 1 to 4 and Mr. D.S. Patni, Advocate for respondent no.6. Mr. Kandpal, the Executive Engineer, P.W.D., Nainital and Mr. Lalit Mohan Ramaal, the Addl. District Magistrate, Nainital are also present in the Court. 2. This petition has been filed in public interest by a resident of Tallital, Nainital, praying that the respondents sh0uld be directed to take effective measures to provide an approachable road in the area of Joyvilla to Wellview Compound, Tallital, Nainital. The facts, leading to the filing of the writ petition is, that the residents of this area had been approaching the authorities from time to time for a connectivity of their area by a motorable road. The petitioner contended that the residents of Joyvilla area are facing difficulties and, in a medical emergency, it is not possible for an ambulance to come in that area and there is no accessibility of the motor vehicle for the residents to carry the infirm or a patient, in a 2 hurry, to the hospital. The residents of the area made several representations to the authorities as well as to the local M.L.A. of that area and on their representation, the local M.L.A. directed the administration to take appropriate steps. It transpires that pursuant to the directions issued by the District Administration, the Public Works Department submitted a report indicating therein that the Ramsey Road, leading from Tallital Bazar to the crossing of the residence of District Magistrate and the Collectorate, could be improved and can be made pliable for light motor vehicles. In this regard, the Public Works Department submitted a report seeking a grant of ` 3.90 lacs for the improvement of the road to make it a motorable. It transpires that inspite of this report being filed on 30th March, 2004, no action whatsoever, was taken by the administration and the grievance of the residents of this area remained unfulfilled. When all representations and plea fell on deaf ears, a local resident of that area approached the Writ Court and filed this petition in public interest. 3. The Executive Engineer, P.W.D./respondent no.2 has filed a counter affidavit indicating therein that the road in question was initially maintained by the Nagar Palika Parishad, Nainital but subsequent to the Govt. Order dated 28th September, 1978, the road in question was transferred to the Public Works Department, Nainital for its improvement, repairing and maintenance. The said respondent admitted that the residents of Joyvilla to Wellview Compound in Tallital have no connectivity of a motorable road and, that a lot of inconvenience is being caused to the residents of that area. The said respondent admitted that pursuant to the direction of the District 3 Magistrate, a report was submitted indicating that the Ramsey Road can be made motorable from the Tallital Bazar to the Collectorate. 4. The Divisional Forest Officer, Nainital/ respondent no.4 filed a counter affidavit indicating that the road in question, where improvement is required to be made, does not come under the Forest Division and that the road does not pass through the protected forest area of the Nagar Palika, Forest Range of Nainital Forest Division and that they have no objection, if any improvement is made on the road in question. 5. The respondent no.5 i.e. the Lake Development Authority, Nainital has also filed a counter affidavit indicating therein that the maintenance of the road and any improvement on it, is required to be done by the P.W.D. and that they have no objection, if the improvement is made on the road in question. The Lake Development Authority admitted that the residents of Joyvilla and Wellview Compound are facing difficulties due to unavailability of a motorable road. 6. The respondent no.6 i.e. the Nagar Palika Parishad, Nainital has also filed a counter affidavit indicating that the road in question was transferred to the Public Works Department for its repair, maintenance, etc. and, that the Public Works Department is the sole authority for any improvement to be made on the said road and that the Nagar Palika has no concern whatsoever. The respondent, however, admitted that if the road is made motorable, it will create a connectivity to the main road for the benefit of the residents of the area. 4 A supplementary affidavit was also filed by the Nagar Palika Parishad indicating that the encroachment made at point ‘B1’ of the map i.e. at the junction of the Ramsey Road and Etone Road, has been removed and, that the approach from Aurvindo Marg to Ramsey Marg, can be made motorable. 7. The District Magistrate has also filed a counter affidavit indicating that the report submitted by the Public Works Department on 12th March, 2004 has not been sanctioned, contending that the portion of Ramsey Road in front of the residence of the District Magistrate is very steep and, consequently, not feasible to make it motorable. Subsequently, a supplementary affidavit has been filed by the District Magistrate indicating that if the portion of Ramsey road, in front of the residence of District Magistrate, is made motorable, it may cause problem to the school going children who use this passage while going up and down their schools. 8. Today, an affidavit has been filed by the Executive Engineer, P.W.D./respondent no.2 clarifying that the steepness of the road, in front of the District Magistrate’s residence, was only with regard to the purpose that it would be difficult for a vehicle to turn into the lane going into Wellview Road, which is going down from the residence of the District Magistrate, but if the vehicle has to go further down beyond point ‘C’, then a light vehicle can always ply on Ramsey Road. 9. In the light of the pleadings, the Court is concerned with the plight of the residents of Joyvilla and Wellview Compound, who are residing between point ‘E’ 5 and ‘C’ of the map, which has been filed separately and which is taken on record (Copies of which has been given to all parties concerned). During the pendency of the writ, a supplementary affidavit was filed by the petitioner indicating that the Chief Engineer, P.W.D. has sanctioned the proposed improvement of the road, as per the Executive Engineer’s report, and also released a sum of ` 4.78 lacs for that purpose. The Executive Engineer, P.W.D. has also filed a supplementary affidavit indicating that for improvement of the road from Tallital Bazar to point ‘C’ at Ramsey Road, leading to point ‘E’ on Wellview Road, the State Government has sanctioned a sum of ` 28.59 lacs. The Executive Engineer has stated that for improvement of the road from point ‘C’ to point ‘D’, in front of the District Magistrate’s residence, no amount has been sanctioned. 10. The Court while hearing the petition, had also made a physical inspection and opined in its order dated 12th November, 2009, that with a bit of ingenuity, the authority could make the road motorable on Wellview Road between point ‘E’ to ‘C’ and that the residents of the area, located at Wellview Road, could easily go down to Thandi Sadak (Aurobindo Marg) via Ramsay Road and Etone Road. The Court observed that there was some encroachment at point ‘B1’ near Kurmanchal Bank, which the Nagar Palika has now stated in its affidavit that the said encroachment has been removed. 11. While the petition was being heard, the Court received a letter alleged to have been written by certain other residents of the area objecting to the road being made motorable from point ‘C’ to ‘D’ i.e. in front of the 6 residence of the District Magistrate. The Court is constrained to observe that the said complaint was made for vested reasons, may be, in order to scuttle the proceedings. The Court finds that the road leading from point ‘D’ to ‘C’, which is about 70 metres in length, in front of the residence of the District Magistrate, is already a metalled road and, at some stage, this road was being used to ply vehicles but at some point of time, the road was blocked by carving out steps and putting a barrier outside the residence of the District Magistrate. When were those steps carved out and when was the barrier placed, one is not aware, but since a metalled road was already in existence, it seems that, at some stage, the road was motorable. 12. In the light of the averment, which has been brought on record by all the parties, it is clear that the residents of Joyvilla and Wellview Compound are facing difficulties in approaching the main road and, in case of emergency, a resident of this area cannot get immediate medical help on account of inaccessibility of an Ambulance and other vehicles from the main road. All parties agreed that with a little bit of improvement, a motorable road for light vehicles can be made, which will benefit the residents of the area. The residents of the area want nothing more than this, namely, that an approachable road for light vehicles be made. The affidavits also indicate that necessary sanction of ` 4.90 lacs and ` 28.59 lacs have already been sanctioned by the State for improvement of the road in question. 13. Consequently, the Court directs that the aforesaid amount of ` 4.90 lacs and ` 28.59 lacs would be 7 spent for the improvement, construction and widening of the road, wherever necessary, from Aurbindo Marg from point ‘A’ as shown in the map, leading to Etone Road till point ‘B1’, where it meets Ramsay Road. The improvement will also be made from point ‘B1’ at Ramsay Road to point ‘C’ and from point ‘C’ to point ‘E’ at Wellview Road, wherever possible. The authorities will consider that wherever the road could be widened and improved, the same shall be done. It is made clear that the road between point ‘E’ to ‘C’, after improvement, will only be used for emergency purposes. Regular use of this road will create problems. 14. Further, the road will also be improved from point ‘C’ to point ‘D’. The steps would be removed and a metalled road would be constructed. It would be open to the administration to impose restriction for running of light motor vehicles between point ‘D’, ‘C’ & ‘B1’ during certain hours of the day, namely, during the time when the school starts and when the school gets over. It would also be open to the Administration to make the road one way. Such restrictions imposed on the use of the road by motor vehicles would be a reasonable restriction. If for improvement of the road, from point ‘C’ to ‘D’, additional funds are required, necessary sanction shall be obtained by the District Administration from the State Government, if required. 15. Upon improvement of the road from point ‘E’ to point ‘A’ via point ‘C’ to point ‘B1’, the residents of Joyvilla and Wellview Compound can use this road to reach the main road and, consequently, it would not be necessary for the respondents to remove the Transformer at point ‘C’. 8 16. The aforesaid exercise for the improvement of the road shall be done by the construction agency i.e. Public Works Department, Nainital and would be completed on or before 31st March, 2011. 17. During the pendency of the writ petition, the residents of the area collected some money and deposited a sum of ` 65,000/- (Rupees sixty five thousand) before the Registrar General of this Court to show their bonafide and urgency in the matter for the improvement of the road. This amount is still lying with the Registrar General and, upon a suggestion made by the Court, as to how the amount should be utilized for the benefit of the residents of the area, the Nagar Palika Parishad has filed an affidavit indicating that they will erect benches and fencing of iron grills between point ‘D’ to point ‘B1’ as well as erection of sodium lights. 18. In view of the aforesaid affidavit given by the Nagar Palika Parishad, we direct the Nagar Palika Parishad to erect benches at appropriate places, beautifying the road by erecting sodium lights and fencing of iron grills within the same period i.e. on or before 31st March, 2011. Upon doing the aforesaid task, the Nagar Palika Parishad will file an application in this petition for release of the amount of ` 65,000/-. 19. In view of the aforesaid directions, the writ petition stands disposed of. (V.K. Bist, J.) (Tarun Agarwala, J.) 22.10.2010 NCM: