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Judgment
Sunil Hali, J.—Present petition has been filed seeking direction to the respondents to construct a concrete and metallic road at Mandir Bagh,
Baghat Barzulla, Srinagar. It seems that OWP (PIL) No. 654/2004 was filed in this Court in which direction was sought for construction of deep
drain from mark M-1 of the enclosed site plan. The said writ petition came to be disposed of vide order dated 04-06-2005 with the following
observations:
...In the objections the respondents have stated that the tender notice was issued but work could not be allotted for want of suitable offers. Fresh
tender notice has been issued and work included in the current budget and it is expected that deep drain will be constructed in near future during
the current financial year. We are satisfied that the grievances put across by this writ petition stands substantially redressed and the writ petition has
served its purpose. It is accordingly disposed of.
It seems that incompliance to the order of the court passed on 04-06-2005 the respondent's constructed deep drain at Mandir Bagh Barzulla,
Srinagar and completed the same in June-2005. While constructing the deep drain the road got totally damaged as a result of which lot of ditches
were formed and drain water got accumulated, which has made the life of the residents miserable. Failure on the part of respondents to do the
needful was ample reason for petitioners to file the present petition.
The respondents filed their affidavit in which they have stated that on account of digging of the drain the road got damaged and also ditches got
created. It is further stated that stretch of road in question from Masjid Sharief Khacharpora (Khalidabad) and Masjid Sharief Mandir Bagh had
also been made trafficable and ensured pedestrian movement also. It is further stated that black topping of the road would be taken up
immediately.
Learned Counsel for the petitioner has filed petition in individual capacity seeking enforcement of his fundamental right to life under article 21 of
the Constitution of India. Although there is no application under Order 01 of Rule 8 CPC for filing petition in representative capacity, but looking
to the facts of the present case the petitioner can as an individual seek enforcement right of his fundamental rights under article 21 of the
Constitution of India.
It has been held in various judgments of the Apex Court and other courts that the right to life under article 21 of the Constitution of India does
not connote mere animal existence or continued drudgery through life. It includes right to livelihood, better standard of life, hygienic conditions in
work place and leisure. Expanded connotation of life would mean tradition and cultural heritage of the persons concerned.
Considering the case of the petitioner, it can be said with no manner of doubt that respondents are under Constitution obligation to provide all
the necessary facilities to the petitioners which make their existence meaningful and livable. Providing drains and road system in a working
condition and sufficient to meet the needs of the people cannot be evaded.
Therefore, looking to this principle of law laid down by the judgment of the Apex Court respondents are directed to complete the process of
black topping of the road within a period of three months from the date of copy of this order is served upon them.
Accordingly writ petition disposed of along with connected CMPs.