Gram Sabha Village-Melkande vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

This Writ Petition has been filed by Gram Sabha Village Melkande, through its Pradhan. According to the petitioner, a road is being constructed under Pradhan Mantri Gram Sadak Yojana (for short 'P.M.G.S.Y.') between Naugaon to Mehrgaon and the said road is passing through the land of Gram Sabha Melkande.

Grievance of the petitioner is that the said road is passing through periphery of Village Melkande and since it is not entering inside the village, therefore, the residents of the said village are not getting any benefit out of the said road.

By means of this writ petition, petitioner has sought following reliefs:

"(i) Issue an order, rule or direction in the nature of mandamus directing the respondents to connect the village Mailkande, in the Naugaon-Selakhot-Kane-Rekhadh-Mehrgaon road which is still under construction.

(iii) Issue a writ, order, rule or direction in the nature of mandamus directing the respondents to consider the representation of the villagers before proceeding further."

Learned counsel appearing for respondent nos. 2, 3 & 5, on instructions, submits that, due to agitation by the villagers, construction of road within Village Melkande has been stopped for the time being. He, however, assures the Court that if petitioner makes a representation to the Competent Authority, for connecting center of Village Melkande with the road being constructed under P.M.G.S.Y. between Naugaon to Mehrgaon, then the request made by the petitioner can be acceded to and road can be constructed under P.M.G.S.Y.-III.

Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to Chief Engineer, P.M.G.S.Y. (respondent no. 2). If such representation is made within a period of two weeks from today, the respondent no. 2 shall consider the request made by the petitioner and take appropriate decision, in accordance with law, within a period of four weeks from the date of receipt of representation alongwith certified copy of this order.

Let a certified copy of this order be issued today itself.