AI Structured Summary
Not yet generated for this judgment
Judgment
R.S., CJ
[1] The prayers in this PIL are as follows:-
"ii. To issue a writ in the nature of Mandamus or any other appropriate writ or direction thereby, directing the Respondents to immediately repair/upgrade the Tamenglong-Tousem road to a reasonable condition so that ambulance and emergency vehicle can serve the people;
iii) To issue a writ in the nature of Mandamus or any other appropriate writ or direction thereby, directing the Respondents to maintain the Tamenglong-Tousem road, so that the road is accessible throughout the year;
iv) To issue a writ in the nature of Mandamus or any other appropriate writ or direction thereby, directing the Respondents to ensure that health facilities are accessible to all, particularly the rural poor, by fulfilling their obligations to maintain safe and all weather-durable roadways, and provide reliable free transportation to pregnant women."
[2] It was admitted on 19.12.2019. After receipt of the notice, respondents No.1 and 2 have filed an affidavit through the Deputy Secretary (Works), Govt. of Manipur. Para No.11 and 13 of the affidavit which are relevant to the present case, read as follows:-
"11. That with respect to the contents of Para No. 14 of the PIL, it is respectfully submitted the State Cabinet in its sitting on 29/11/2013 had approved the proposal road " Imphal-Kangchup-Tamenglong-Tousem-Haflong" for inclusion/ implementation as Externally aided Project under the ADB assisted SASEC Regional connectivity Project. It was further decided to take up the Imphal Kangchup Tamenglong portion of the Road under Tranche-1 of SASEC Road connectivity Investment Program (SRCIP). As Haflong is in Assam, this portion of road involves multi-state agency, it was decided to proposed development of this portion of the road under NEC or subsequent tranches of ADB project. The Notice Inviting Tender for procurement of Consultancy Service for Feasibility Study and Preparation of DPR are for proposed construction of (i) Greater Imphal ring Road and (ii) Imphal-Kangchup-Tamenglong-Tousem-Haflong Road (Imphal-Tamenglong) which was invited vide No. 1/PD/NESRIP/NO/2013-14 dated 10/09/2013 by the Project Director, NESRIP, PWD, Manipur.
True copies of the letter No.52/39/2013-W dated 04/12/2013 and NIT No. 1/PD/NESRIP/NO/2013-14 dated 10/09/2013 are enclosed herewith and marked as Annexure-R/1 and R/2.
*** *** ***
That with respect of Para No. 24 & 25 of the PIL, it is respectfully submitted that the State Government acknowledging the importance of the road have requested the Ministry of Road Transport and Highways, Govt. of India to declare the road as a National Highway and develop it under the Union Government funding. The Union Government has also intimated its willingness to the inclusion of the instant road in the National Highways Network provided the land required for the development of the road is acquired and provided by the State Government vide letter no. 12037/119/ 2017/ MN / Zone-V dated 17/07/2018. The State Government has submitted its concurrence to the proposal. However notification of the Ministry declaring the instant road as National Highways is pending.
True copy of the letter No. 12037 /119/2017/MN/Zone-V dated 17/07/2018 is enclosed herewith and marked as Annexure-R/3." [3] The Executive Engineer, Tamenglong Division, PWD, Manipur, who is present in person in Court stated that part of the work has been taken up and for want of funds and sanction by the Union Government, the progress is not upto mark. He, however, assures the Court that Government has already impressed upon the Ministry of Road Transportation to declare the Tamenglong-Tousem Road as a National Highway.
[4] Mr.S.Suresh, learned CGC appearing for the Union refers to letter of the Ministry of Road Transport & Highways, New Delhi, annexure-R/3 and it reads as follows:-
"No.12037/119/2017/MN/Zone-V
Government of lndia
Ministry of Road Transport &Highways
(Zone-V Section)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated the 17th July, 2018
To,
The Deputy Secretary (Works)
Govt. of Manipur,
Imphal-495001 .
Subject: Upgradation of State Highways/MDR to National Highway.
Sir,
Please refer to your letter No. 70/16/2017-W(NH) dated 28.12.2017 on the subject cited above.
In this regard, it is to mention that Ministry has agreed for consideration of the proposal for deceleration of 07 State Roads to NH subject to condition that the state Govt. acquires the required land for ROW as per NH standard at their cost.
In View of above, it is requested that consent of State Government for acquiring the required land for ROW as per NH standard at their cost may be communicated to the Ministry for necessary action.
Yours faithfully
Sd/-
(Vikas Kumar Verma) "
[5] We therefore direct the State and Central Government to do the needful so as to ensure that this road is properly laid and maintain.
The presence of the Executive Engineer, Tamenglong Division, PWD, Manipur is recorded and further appearance is dispensed with.
[6] PIL stands disposed of.