Meena Premi vs State Of Himachal Pradesh And Others

Jyotsna Rewal Dua, J

In nutshell, the case projected in the writ petition is that for the construction of the road in question, the then Member of Legislative Assembly of the concerned area had already consented. The scheme was in the priority list for the year 2017-2018 and accordingly, the respondents vide their letter dated 06.02.2018 had requested the concerned authority for allocation of budget. Subsequently, vide impugned communication dated 17.04.2018, respondents sought fresh consent from the present MLA of the area. In this background, instant writ petition was filed with following prayers :-

"(i) That a writ in the nature of certiorari may kindly be issued thereby quashing and setting aside impugned Annexure P-8 dated 17.04.2018.

(ii) That a writ in the nature of mandamus may very kindly be issued thereby directing respondents to implement Annexure P-7, dated 06.02.2018 and take steps to obtain sanction of funds from NABARD and further to take steps and complete the construction/upgradation of road in question at the earliest."

The matter was heard on 13.03.2020 when the following order was passed :-

"Learned Senior Counsel for the petitioner has highlighted Annexure P-7 dated 6.2.2018, where under the Project of construction and M/T of Mehana Khad to Badhal Lehroti, Banana Kataria via Shoba road Km. 0/0 to 12/330 was placed in the priority list of the then Member of Legislative Assembly (MLA) of the area concerned for the year 2017-18 and necessary sanction for the Project was sought to be conveyed to the Public Works Department. Whereas in Annexure P-8 dated 17. 4.2018 the consent was again called for from the MLA of the concerned Constituency in respect of that very project. Reply to the writ petition was filed on 29.5.2019 submitting therein that 'as per the procedure/guidelines for sanction of road works under NABARD, the consent of local MLA is required and on account of this, the same is still pending for submission to NABARD'. It has further been submitted in their reply that as soon as the consent of MLA is received the matter shall be submitted to NABARD for sanction of funds. Before proceeding further with the matter, respondent-State is directed to file supplementary affidavit with respect to necessity of obtaining consent of MLA afresh when it already stands accorded as per Annexure P-7 and also to place on record developments, if any, subsequent to filing of reply to the writ petition. The supplementary affidavit be filed within a period of three weeks. List thereafter.."

In the above background, respondents have now moved an application acknowledging that approval for the project in question had already been granted by the then MLA of Jubbal and Kotkhai Constituency. It has been submitted therein that in view of this, the respondents have now taken a decision to forward the Detailed Project Report (DPR) to NABARD for sanction of funds for the project. It has further been submitted in the application that the respondents are not able to proceed further in the matter because of the status quo order passed in this writ petition on 01.06.2018. The applicants/respondents have prayed in the application for vacation of the interim order dated 01.06.2018 to enable them to forward the DPR of the road/project in question to NABARD for sanction of funds so that project work could be initiated and completed at the earliest. It would be appropriate to extract relevant portion from the application as under :-

"3. That now the respondents have again examined the proposal and found that the approval was already granted by the then MLA of Jubbal and Kotkhai Constituency and the same can be forwarded on approval already accorded. Therefore, the respondents have now decided to forward the detailed project report to BABARD for sanction of funds for the project. However, as the Hon'ble Court vide order dated 01.06.2018 has directed to maintain the status quo existing as on the date of order, therefore, the respondents are not able to proceed further in the matter. In the said circumstances, it would be expedient in the interest of justice that the interim order dated 01.06.2018 is vacated and the applicants/respondents are permitted to forward the detailed project report of the road in question to NABARD for sanction of funds so that the work of construction of rod can be initiated and completed at the earliest.

The construction and commissioning of the said road will provide connectivity and life line to the villagers of Mihana Khad-Badhal-Lehroti-Banana-Katarla via Shobha. These villagers are having population of around 900 are time since long are deprived from the facility of ambulance road which is in complete violation of the provisions of Article 21 of the Constitution of India. Moreover, the scheme which ultimately has to be disbursed by NABARD will take some time for releasing of amount on the basis of documentation. Therefore, if the status quo will remain continue then it will be prejudicial and detrimental in the interest of justice."

In view of the above stand now taken by the respondents in their application, impugned Annexure P-8 dated 17.04.2018 looses its efficacy. Therefore, interim order dated 01.06.2018 is vacated. The writ petition is disposed of in terms of the submissions made in paras No. 3 and 4 (extracted above) of the CMP No. 7029 of 2020. The respondents are directed to forward the DPR of the road in question to NABARD for sanction of funds within a period of two weeks from today. Considering that the respondents in their application have also highlighted the necessity of early construction and commissioning of the road for providing connectivity to the villages of Mihana Khad-Badhal-Lehroti-Banana-Katarla via Shobha, therefore, it is hoped and expected that the construction of the road will be initiated and completed within a period of four months from today. The pending applications, if any, also stand disposed of.

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