Ms. Kamlesh Sharma, ACJ.—Both these writ petitions (CWP Nos. 220 of 2000 and 1359 of 2001) are being disposed of by a common judgment as these involve identical facts with identical prayers.

2. The petitioners are residents of village Tatta Pani, Tehsil Karsog, District Mandi. They have, inter alia, prayed for the following reliefs:

1. The respondent Nos. 1, 2 and 6 may kindly be directed to stop the construction of bridge at the present site at river Satluj near Tatta Pani forthwith and start surveying a new alternative site.

2. That the respondents No. 3, 4 and 5 may be directed not to attribute towards construction of proposed bridge at the present site being a wastage of public money.

3. The case set up by the petitioners is that the existing bridge over the river Satluj at Tatta Pani connects Shimla and Mandi Districts. It is 41.5 metres long and was built in the year 1961. It is still in good condition and presently all transportation of the area is made through this bridge. By the side of existing bridge there is an old bridge which was constructed by the Britishers long back. The span of old bridge is 38 metres and presently it is not used for the transportation of goods vehicle.

4. In the year 1998 a survey of the area was conducted by respondent No.2 with a view to construct another bridge as an alternative for transportation of heavy goods vehicles and markings for the alternative bridge adjacent to the existing with total span almost equal to the already existing bridge were made. At that time the residents of village Tatta Pani some of whom were having some Rehri business near the existing bridge represented to build the bridge on the old site which shall neither affect the local residents nor the Government shall be required to spend for acquisition of private land -since the old bridge is situated on the Government land.

5. On 23.8.1999 tender notice was published in "Divya Himachal" inviting tenders for construction of a bridge over the river Satluj with span of 82 metres from which the residents of village Tatta Pani came to know that the Government intend to build a bridge at a distant place from the existing bridge and span of proposed bridge is double than the alternative sites. The estimated cost of the cosntruction of the proposed bridge is about Rs. 250 lacs as against Rs. 78 lacs on the site adjacent to the existing bridge for which the residents were ready to give the land as a result of which the cost of the same would have reduced more than l/3rd of the estimated cost of the proposed bridge. Feeling aggrieved the residents of Tatta Pani made representation to the Chief Minister on 15.8.1999 and also met him in deputation and the issue was also highlighted by the print media but with no results.

6. On 26.2.2000 an agreement was executed between the Government and the National Thermal Power Corporation for construction of Hydro Electric Project named as "Kol Dam Project (800 M.W.)", as per news item published in "Amar Ujala" and "The Indian Express" on 27.2.2000. From the feasibility report of Kol Dam Project, Annexure P-3 to the writ petition, the reservoir of the Kol Dam will submerge the land up to the sea level of 648 metres, whereas the level of the existing bridge is 642 metres and the proposed bridge is also being built on almost same level. Therefore, both the bridges i.e. the existing bridge and the proposed bridge will certainly submerge in the reservior of Kol Dam and no useful purpose will be served by making construction of the proposed bridge. In this view of the matter the residents of Tatta Pani also made representation to respondent No. 4, the Chief General Manager NABARD, which is the agency financing the Government for the construction of Kol Dam including the proposed bridge, but it has also not taken any steps to find out the feasibility and economics of construction of proposed bridge at the site I selected by the Government.

7. The petitioners have further stated that as per agr