Gauhati High Court
K. Shreedhar Rao, A.K. Goswami, JJ.
R.T.Tara & Ors. - Appellant
Versus
Union of India & Ors. - Respondent
PIL Nos. 101 of 2013. (Gau)/6 (AP) of 2013
Decided On : 18-09-2014
Writ Petition - Proposal to the ministry of Road Transport and Highways - Laying out a highway - Villages are very remote hamlets having no connectivity with the developed townships - Proposed road project was tendered on DFBOT basis - Tender of respondent came to be accepted - Respondent after survey had a series of consultations with the MoRTH and as well the Government - After due deliberations, eighth respondent gave a design where under the national highway - Final map pertaining to segment came to be approved by the MoRTH - Held, Court find that the PIL lacks merit for granting relief of setting aside the approved Plan - Proposal given by the Chief Engineer, PWD while resolving the dispute between villages for construction of a straight road to connect to the modified approved national highway - It is stated that if the said proposal is carried out and the quality and width of the BRO road running through the above villages would be improved as per the proposal of the State and the proposed road and the modified road are constructed it would fulfil and cater to the needs of the residents of the villages who have missed the benefit of having a national highway - In this regard it is directed that the Government of to take up the project and construct the road as per its proposals sent to the MoRTH within a period of two years -State shall complete the said road project simultaneously with approved road, which is required to be completed by respondent - PIL disposed of.
2. It is stated that the above villages are very remote hamlets having no connectivity with the developed townships. The proposed road project was tendered on DFBOT(design finance build operate and transfer) basis. The tender of respondent 8 came to be accepted. Respondent 8 after survey had a series of consultations with the MoRTH and as well the Government of Arunachal Pradesh. After due deliberations, eighth respondent gave a design where under the national highway from Seppa to Itanagar to be connected to Sedde-Pakro segment. The final map pertaining to Sedde-Pakro segment came to be approved by the MoRTH. According to the final map the contemplated road in the proposal of the Arunachal Pradesh Government to go through the villages Sede Jollang, Nangyo, Chamte, Gumtung, Rasi, Devgola, Tangri, Hot, Palin, Dwola, and Pujirang came to be excluded. The proposed national highway is one of the segments of NH-229 connecting to Nechipu-Hoj segment.
3. The residents of the above villages who have missed the benefit of the national highway running through their villages filed this petition assailing the modifications of the proposals of the Arunachal Pradesh Government on the ground that the modifications have been effected at the behest of 8th respondent. It is stated that the proposed national highway between Sedde and Pakro does not take care of the dire transport need of the above villages which are contemplated to be included in the Plan proposed by the Arunachal Pradesh government, hence petitioners seek that the final map of the two-lane national highway from Nechipu to Hoj approved by the MoRTH should be set aside and direct respondents to build a 2-lane national highway pertaining to Sedde-Pakro segment as per the existing BRO road. It is further prayed that this Court to appoint a committee to supervise and inquire into the anomalies in respect of land acquisition and land compensation. It is the contention of the petitioners that the Arunachal Pradesh Government prior to sending its proposal to the MoRTH had acquired the needed land for upgrading the BRO road from Sedde-Pakro segment and to include the above said villages which are left out by the modified Plan. The amount of compensation has been assessed and deposited with the authorities for disbursement to the landowners.
4. The Arunachal Pradesh Government has filed an affidavit admitting that survey was conducted by the Government to upgrade the BRO road from Sedde-Pakro segment to make it a two-lane road and also to pass through the villages as stated by the petitioners. It is also admitted that lands have been acquired pursuant to the said proposal and compensation has been assessed and deposited with the authorities for disbursement to landowners. However it is stated that the MoRTH did not find the proposal of the State a feasible one.
5. The 8th respondent who is the tenderer for DFBOT submits that he had a series discussions with the MoRTH and as well the Government of Arunachal Pradesh and gave a separate design and the final map for the road between Sedde and Pakro, which is found more feasible by the MoRTH and the same is approved. It is said that there is absolutely no mala fide in the modification of the plan of building a highway between Sedde and Pakro as per its design.
6. The MoRTH has filed an objection-statement to rebut the contention of the petitioners; in paras 8, 11 and 17 of which the following averments are made.
"8. That with regard to the statement made in paragraph 7 of the PIL, the answering deponent states that the villages mentioned by petitioners like Nangnyo village, Chamte village, G
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