The court directed the respondent authority to treat the writ petition as a representation and pass a speaking order regarding the alignment of a sanctioned road within a specified timeframe.

Sr. No. 28

ORDER

1. By this petition filed under Article 226 of the Constitution of India, the petitioners seek a direction upon the respondents not to change the alignment of the already sanctioned road under NIT No. 177 of 2021-22 dated 13.10.2021 at S. No. 2, with a further direction upon the respondents to construct the road as per NIT No. 177 of 2021- 22 dated 13.10.2021 at S. No. 2. The said NIT was issued for construction of the road with the take-off from Qau Morh and to pass through Samyal, Gujjar and Ferozal Mohallas of Chappala (Chappal) and reach at Chandyal as per the original survey and alignment already notified, which is beneficial to all the inhabitants.

2. It is stated that the Chairperson, BDC Balakote tried to change the take-off point from Qau Morh to Briely near Kalaban Bridge in order to deprive a large population of the connectivity of the road. The inhabitants of the area through their representatives submitted many representations to the Chief Engineer and Deputy Commissioner for not changing the take off point and the alignment. However, as per the petitioners, the respondents in the year 2022 tried to start the construction of the road by using the already existing road without assigning any reason whatsoever for doing so, despite the submission of representations and without any approval from the competent authority.

3. Learned counsel for the petitioners states that the petitioners would feel satisfied, if this writ petition is disposed of with a direction to respondent Nos. 1 to 4 to consider the representation of the petitioners within a reasonable period of time.

4. Learned counsel appearing for the respondents states that she is not averse to the proposition made by learned counsel for the petitioners.

5. Be that as it may, this writ petition is disposed of with a direction to respondent No. 2-Chief Engineer, PW(R&B) Department, Poonch to treat this petition as representation. Respondent No. 2 is directed to accord consideration to the representation of the petitioner within a period of four weeks from the date of receipt of certified copy of this order by passing a speaking order thereon. The petitioners shall furnish copy of this writ petition alongwith Annexures to the office of respondent No. 2.

6. Disposed of along with connected application, if any.