IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7401 of 2008 ZEENAT JAMAL PARVEEN & ANR Versus THE STATE OF BIHAR & ORS ----------- For the petitioners : Mr.Kamala Kant Tiwary, Advocate For the respondents no.1 & 2 : Mr.Syed Arshad Alam, Standing Counsel-IV Mr. Gautam Kumar Yadav, Junior Counsel to Standing Counsel -IV For the respondents No.3 & 4: Mr. Prabhat Ranjan, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 18th August, 2008 This writ petition in the nature of public interest litigation is at the instance of the Mukhiya of Bhagwanpur Gram Panchayat and Member of Panchayat Samiti, Bhagwanpur. 2. The grievance relates to incomplete works of roads (rural as well as urban) within the district of Muzaffarpur. 3. On 15th July, 2008, we directed the Mukhiya of Bhagwanpur Gram Panchayat to file an affidavit setting out in details the present condition of the roads within the jurisdiction of Gram Panchayat Bhagwanpur; details of maintenance of the roads within its 2 jurisdiction from Ist April, 2007 to 31st July, 2008 and the details of new roads, if any, constructed under various schemes within the jurisdiction of Bhagwanpur Gram Panchayat. 4. In compliance thereof, an affidavit has been filed by petitioner no2. In paragraph 4 of the affidavit, following statement has been made: “That it is relevant to state here that under TWELVETH FINANCE COMMISSION, six schemes have been allotted to Bhagwanpur Gram Panchayat for the year 2006-07, 2007-08 and 2008-09 out of which five schemes bearing scheme no. 1/2006-07 (repairing of road/street from the house of Ravi Kumar to the house of Raj Kumar Pandey), Scheme no. 2/2006-07 (Repairing of Bhagwanpur Panchayat building), Scheme No. 3/2006-07 (Repairing of road from the house of Sushil Kumar to the house of Satya Narain Kuer), Scheme no. 2/2007-08 (Repairing of road by brick soling from main road Bhagwanpur to the house of Kameshwar Sharma) and Scheme no. 1/2008-09 (Repairing by brick soling of the road from the house of B.K. Pandey to the house of Hem Kumar Singh) have completely been executed by these petitioners whereas Scheme no. 3/2007-08 (Repairing work of Kabristan in the southern tola of Bhagwanpur Gram Panchayat) is incomplete. The petitioners are trying their best to complete this scheme.” 5. It is not that all the schemes allotted to Gram Panchayat Bhagwan by Twelfth Finance Commission have been completed by Bhagwan Gram Panchayat, the Mukhiya of which has raised the present grievance. However, we leave the matter so far as the implementation of the scheme by Gram Panchayat is concerned as that is not an issue in the present writ petition. 3 6. With regard to incomplete works of roads within the district of Muzaffarpur, various counter affidavits have been filed by the respondents. On behalf of respondent no.2, an affidavit has been filed by the Joint Secretary, Urban Development and Housing, Govt. of Bihar, Patna on 14th July, 2008 stating that the roads which are lying incomplete within the Muzaffarpur district has to be completed. His explanation is that due to rainy season, it is very difficult to construct bitumen roads, and that once monsoon is over, the work of bitumen roads would start. It is further stated that it would take a year for the completion of incomplete roads. 7. It needs no emphasis that roads provide accessibility and these have to be properly constructed. It is true that due to heavy monsoon, the incomplete roads cannot be asked to be completed by the State Government and its functionaries. However, time of one year is too long for completion of these roads. In our considered opinion, the incomplete roads, for which grievance has been raised in the writ petition, must be completed by all concerned by 31st of March, 2009. That gives the State and its functionaries about eight and half months for completion of these roads which is adequate and sufficient period. 8. We, accordingly, dispose of this writ petition by directing the State Government and its functionaries and all concerned that 4 the incomplete roads within the district of Muzaffarpur for which the grievance has been raised in the writ petition shall be completed in all respects by 31st March, 2009. 9. We order, accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil/