Goverdhan Chauhan And Others vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

CMP No.7170 of 2020

Learned counsel seeks permission to withdraw this application with liberty to file fresh petition on the same and similar cause of action. The prayer

being innocuous, is allowed. Consequently, the application is disposed of as not pressed at this stage with leave and liberty as prayed for.

CWP No.1805 of 2020

The petitioners have filed this petition as pro-bono publico for the grant of following reliefs:-

“i) That the Respondents particularly 4 & 5 may kindly be restrained to execute the above project which is not in public interest.

ii) That the Respondents may very kindly be directed to maintain the Rohru Bazar as is existing by providing other facilities beneficial to the public and

shopkeepers.

Iii) That the Respondents may be directed to cancel the work awarded through labour rate basis to the executors as it is not in public interest rather it

is a misuse of public money.â€​

The apprehension of the petitioners appears to be ill founded for the simple reason that the construction of the railing and footpath over the State

Highway near Old Bus Stand Rohru, is subject to certain terms & conditions, as set out in letter dated 22.05.2020, issued by the Assistant Engineer,

B&R Sub-Division, HPPWD Rohru to the Executive Engineer, Municipal Council, Rohru. These conditions are enumerated as under:-

“1) The Foot path and railing shall be constructed beyond 4.25 mtrs standard width of single lane from divider on either side of intermediate divider

of road.

2) If at any stage in future PWD shall require the area of Foot Path for extension of road facility the PWD Depth shall withdraw the permission and

the Deptt. shall not pay any damage charges to user agency NAC for removal of foot path.

3) The foot path shall not be misused by shop keepers for Business Purpose.

4) While constructing the foot path no damage of any kind shall be done to the road surface.

5) The provision of proper drainage system shall be kept while constructing the footpath on either side of the road.â€​

In addition thereto, the aforesaid work is further subject to the following conditions as set out in letter dated 01.06.2020 from the Superintending

Engineer, 14th Circle, HPPWD Rohru to the Executive Officer, Municipal Council Rohru:-

“1)Based upon the demarcation report encroachment, if any may be got removed.

2) In straight portion a width of at least 4.25 mtrs, may be made available and near the meat market where turn is there it should be at least 6.00 mtrs.

3) No permanent construction is to be carried out within the controlled width acquired by the PWD Deptt.

4) The temporary construction, if carried by MC or other by MC or other agencies is to be dismantled or removed when required by the PWD Deptt.

5) Municipal Council will have to comply with court decision in future, if any.â€​

The mere apprehension of the petitioners at this stage when the work is yet to be completed cannot form the basis for maintaining this petition.

In case the respondents deviate from any of the aforesaid conditions, then it will always be open for the petitioners to approach this Court for

redressal of their grievances.

Since the project in question is being executed in public interest, therefore, the conditions enumerated above shall now be treated and read as

directions of this Court.

With the aforesaid directions, this writ petition is disposed of reserving liberty to the petitioners as aforesaid. Pending miscellaneous application(s), if

any, shall also stand disposed of.