The Uttarakhand High Court recently disposed of a Public Interest Litigation (PIL) seeking directions to re-align the road which has to be constructed from Kandakhanikhal (Village Kandakhani) to Village Judd, so the Village Juyalgaon could be connected which is in between the two points of the link Road to be constructed or otherwise connect the link road to Village Juyalgaon through proper construction of road.
The PIL has been filed by resident of Village Juyalgaon, Pauri Garhwal. According to him, a road is proposed to be constructed between Village Kandakhanikhal to Village Judd. Petitioner wants that road to pass through his village, i.e. Juyalgaon.
According to the Petitioner, in the meeting of Gram Sabha held on 21.01.2022, a resolution was passed that the said road would pass through Juyalgaon, however, the alignment was subsequently changed.
While considering the Division Bench of Justice Manoj Kumar Tiwari and Justice R.C. Khulbe held that since alignment of road, that too in a hill area has to be decided by experts, taking into account various aspects, therefore, any interference with the alignment of road by this Court, would not be proper.
Counsel for the petitioner submitted that there is no connectivity to residents of Juyalgaon, therefore, a connecting road be constructed between petitioner’s village and the existing road between Kandakhanikhal-Devikhet.
Having regard to the facts and circumstances of the case, the Court disposed of the Petition by permitting petitioner to make a representation to Secretary, Public Works Department, Uttarakhand.
“If petitioner makes such representation regarding connecting road, within two weeks from today, decision thereupon shall be taken by Secretary, Public Works Department, after due consultation with Secretary, Finance, Government of Uttarakhand, as early as possible, but not later than three months from the date of production of certified copy of this order”, the order reads.