Sonju Ram and Others vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—Petitioner has prayed for the following relief''s:

a. Issue a writ in the nature of mandamus directing the respondents to change the construction site of the college at least 100 meters away as per River Rules, from middle of the River, so that, students, general public and staff teaching in the College may not be put to danger.

b. That in the alternative site of the Degree College may be shifted to some other place suited to the Government and also to general public as by constructing the College in extreme middle of the River will deprive the people of the area from water and their only source of livelihood.

In reply to the averments, Superintendent Engineer 4th Circle of the Public Works Department has stated in paras 2 (b) and 2 (e) as follows:

2(b) That for the construction of said College building, land measuring 3 bigha 7 biswa and 8 biswansi was already in the ownership and possession of Education Deptt. H.P. Further land measuring 10 bigha 12 biswa and 12 biswansi is the common land in the name of State Govt. The same has also been ear-marked for the construction of this college Building. Further 13 land owners have earlier gifted land measuring 5 bigha 13 biswa and 4 biswansi which is adjoining to Middle School building but lying vacant. Beside this presently for the construction of this college building another 13 land owners have volunteered to gift their land measuring 5 bigha 1 biswa and 3 bisawansi for the construction of said college building. Thus total 19-13-04 bigha of land is already transferred in the ownership and possession of Education Deptt. For the construction of said College building whereas additional 5-1-3 bigha of land is further likely to be donated by the land owners there by total 24-14-7 bigha of land in all probability has been ear-marked for the construction of this college building which is a big chunk of land not available at any other place within the vicinity of Lamba Thach area.

2(e) That the land mentioned above so ear-marked for Lamba Thach Govt. College Complex measuring 24-14-7 bighas is situated on the right bank of Bakhali Khud flowing in the area. The highest flood level of this khud adjoining to suit land is 1803 mtrs. The highest flood level of this Khud adjoining to suit land is 1803 mtrs. The zero level of this College building is more than 1.65 mtrs. above this highest flood level of this tributary of Bias river. Beside this the proposed building is being constructed at a distance of 15.40, 28.30 and 30 mtrs. away from the highest flood level of this Tributary (Khud). Hence, it is denied that the College building is being constructed in the middle of this Khud rather this college building is being constructed at an adequate distance from the highest flood level of the Khud and also at a safest height above the highest flood level. Beside this a protection wall shall also be constructed to protect the campus of this college and a plain ground shall be provided at site which shall be approximately 90 mtrs. long and in beween 12 mtrs. To 25 mtrs. thereby making it totally safe to the students, teaches and general public. This being so because the old Middle school play ground is also situated at one mtr. height from the highest flood level which is being used by the school children for the last 20 years. Beside this, even the houses of private owners adjoining to the suit land are situated even within one mtr. of the highest flood level without any protection whereas respondent deptt. for the safety of all shall be constructing a protection wall at spot of at least 90 mtrs. in length and average 3 mtrs in height. The contoured lay out site plan of this college campus is annexed herewith as Annexure R-1 for the kind perusal of this Hon''ble Court.

In view of above, we find that the State Government has taken sufficient safeguards in public interest and in view of the safeguards thus taken by the State Government, no further orders are necessary in this writ petition. Writ petition is closed.