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IN THE HIGH COURT OF MEGHALAYA
MOHAMMAD YAQOOB MIR, H.S. THANGKHIEW, JJ.
Pillan T. Sangma - Appellant
Versus
State of Meghalaya and Others - Respondents
MC (PIL) No. 2 of 2019
Decided On : 09-05-2019
Road Maintenance - Government Sanction and Repair Work - Forest Clearance - Tendering Process - Road Connectivity - PMGSY Schemes
Fact of the Case:
The court addressed various road maintenance and repair issues, including the need for government sanction, repair work by the PWD department, forest clearance, and tendering process. The petitioner highlighted neglected areas under the PMGSY Schemes, emphasizing the importance of road connectivity.
Finding of the Court:
The court directed the concerned authorities to take immediate steps for repair work, forest clearance, and tendering process, emphasizing the importance of road connectivity and the need to include neglected villages in the PMGSY Schemes.
Issues: The issues involved the delay in obtaining government sanction, repair work by the PWD department, forest clearance, and the neglect of certain villages under the PMGSY Schemes.
Ratio Decidendi: The court emphasized the importance of road connectivity as a lifeline and the need for prompt action by the authorities to address the maintenance and repair issues, including forest clearance and inclusion of neglected villages in the PMGSY Schemes.
Final Decision: The court directed the concerned authorities to take immediate steps for repair work, forest clearance, and tendering process, and to examine the neglect of certain villages under the PMGSY Schemes.
JUDGMENT :
Mohammad Yaqoob Mir, J.
(A) Regarding stretch of road from 41 Km to 60 Km i.e. Rongram-Romgrangre-Darurgre road sanction for the work was to be obtained. Affidavit has been filed by Shri Hubert Nengnong, Executive Engineer, PWD (Roads), Williamnagar Division, East Garo Hills District, Meghalaya wherein it is stated that pending approval and sanction from the Government maintenance and repair work of the damaged portions has been taken up by utilizing regular maintenance fund available in the office. The repair work is stated to have commenced same shall be completed preferably within a period of six weeks.
(B) Regarding road stretch from Waringre to Samanda Block, the particulars of engineering wing supposed to repair the road were to be furnished. In the affidavit-in-opposition it is stated that PWD department is unable to initiate any process because earlier said stretch of road was constructed by Eco-Development Society (local NGO) during the year 1965. It is further stated that no request or communications were received by PWD department, Government of Meghalaya.
Petitioner will inform the concerned Headman or other responsible members of the village community to represent before the PWD department, thereafter PWD department will initiate necessary process so as to bring it within the purview of PWD department and to start the repair work thereon.
(C) Regarding Rongap Bridge No.4/2 on Rongrenggre-Sinsanggre-Nengkhra road clearance from the Forest department as yet has not been received. In the affidavit-in-opposition it is stated that again Executive Engineer has requested the Divisional Forest officer for grant of forest clearance so as to enable the PWD department to resume construction of the said bridge.
We direct the Divisional Forest Officer, East & North Garo Hills (T) Division, Williamnagar to take immediate steps required for final approval regarding forest clearance in accordance with the rule so as to enable the PWD department to resume construction of the said bridge same shall be done preferably within two weeks.
(D) New proposed work across the river Simsang as mentioned in detail in para-1(D) of the order dated 24.04.2019 in the affidavit-in-opposition as filed, it is stated that tendering process is likely to be finalized and work is expected to be completed within few months.
We direct the concerned authority to finalize the tendering process as early as possible and thereafter to ensure commencement of the work so as to be completed preferably within a period of three months.
(E) Regarding stretch of road from Rongsak Tinali to Williamnagar, it is stated by learned Addl.Sr.GA that the work is in progress will be shortly completed.
(F) Regarding widening of road into double lane of Williamnagar town no affidavit has been filed as according to learned Addl.Sr.GA, matter is pending sanction and approval. Latest status regarding approval be filed by or before the next date.
2. Regarding road from Rajabala to Phulbari affidavit has been filed by Shri Sanjive K. Marak, Executive Engineer PWD (Roads), Tura North Division, West Garo Hills District, Meghalaya stating therein that the road stretch starting from Garobada to Selsella which is around 10 Km work order for pot-hole repairing for a stretch of 5 Km has already been issued and is likely to be completed by the end of June 2019 whereas, regarding road from Selsella to Rajabala 14.5 Km work order for repairing has been issued on 22.11.2018 and at present the work is in progress. The contractor has been instructed to ensure completion thereof before the stipulated period of twelve months. It is further stated that 30% of the repair work has already been completed.
3. Rejoinder affidavit as filed by the petitioner present in person reveals that in the road project taken up under the PMGSY Schemes, the areas i.e. Dorenkigre Edugre, Nengsang Adugre, Patalgre and Jingamgre have not been included, according to him, road stretch of about 18 to 25 Km from Williamnagar
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