IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.17495 of 2007
Date of Decision: 16.12.2008
Citizens for Public Causes (Regd).
Petitioner
Versus
The State of Punjab and others
Respondents
CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE
HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.M.L.Sareen, Senior Advocate with
Mr.Vivek Sood, Advocate for the petitioner
Mr.Amol Rattan Singh, Addl.A.G. Punjab
for respondents No.1 and 4
Mr.Saurabh Goel, Advocate for
Mr.Govind Goel, Advocate for respondents No.2 and 3
Mr.Ashwani Prashar and Mr.Deepak Bhardwaj, Advocates
for the interveners
.....
T.S.Thakur, C.J. (Oral)
This petition has been filed in public interest. It prays for a
mandamus directing the respondents to take possession of the land acquired
by them under notifications dated 12.5.2003 and 13.5.2003 in connection
with the construction of a road proposed to connect Ferozepur road with
southern by-pass in Ludhiana. A mandamus directing the respondents to start
Civil Writ Petition No.17495 of 2007 2
construction of the missing link road for which the land has already been
acquired in terms of the above notifications and to complete the same within
a specified period has also been prayed for.
In response to a notice issued by this Court, the Government of
Punjab has, through Shri S.R.Kaler, Land Acquisition Collector, Additional
Chief Administrator, Greater Ludhiana Area Development Authority, filed an
affidavit inter-alia stating that the proposed road meant to connect the
Ferozepur road with southern by-pass has two missing links marked on the
map, enclosed with the counter affidavit, Annexure R1/1 between points D
and E and F and G. Insofar as the missing link between D and E marked on
the site plan is concerned, it is common ground that acquisition proceedings
in respect of the said portion of the road have already been completed and the
challenge to the said proceedings stands repelled upto the Supreme Court.
As regards missing link between F and G shown in the site plan is concerned,
the Government at one stage, did not propose to construct the said link which
decision appears to have been now reviewed on 3.10.2008 with the result that
the said link also is now proposed to be constructed to complete the entire
road link between A and G in the site plan connecting Ferozepur road and
southern by-pass. In paragraph No.4 of the counter affidavit filed on behalf
of the State Government, the facts and the decisions relating to the proposed
construction of the missing links have been stated as under:-
“4. That keeping in view the above factual position, until and
unless, the land for completing 2nd Phase is acquired, no useful
purpose would be served just by constructing 0.75 Km road for
connecting Pakhowal road within Urban Estate Dugri.
Civil Writ Petition No.17495 of 2007 3Therefore, in the affidavit dated 29.5.2008 on behalf of
respondent No.3, it was specifically mentioned that there is no
further connectivity between Dhandran road and road along the
Sidhwan canal and one has to take a circuitous route to reach
the southern bye pass. Thus, in fact there are two missing links
and not one and the aforesaid missing link will not serve the
intended purpose in any case. It is because of this reason that
the Government had dropped the scheme vide Memo
No.6/7/2003-1HD1/1504 dated 26.2.2008.
Now the government has approved the construction of
second missing link (phase II) from Dhandra Road to Southern
Bye Pass (4.5 Kms) shown in Annexure R-1/1 as brown colour
point FG on 3.10.2008 thereby revising the earlier decision
dated 26.2.2008 whereby the project had been dropped.
Accordingly GLADA has started the preliminary survey through
Remote Sensing Centre, PAU, Ludhiana regarding land
acquisition. Approximately 200 Nos. structures are involved in
the 2nd Missing Link in Phase II of the scheme. About 68.00
acres of land has to be acquired for the construction of phase II.
The entire link between Ferozepur Road and Southern Bye Pass
has been shown on the plan prepared by Remote Sensing Centre
and attached as Annexure R-1/1. The work for completion of
the missing links for connecting Ferozepur Road with Dhandra
Road (i.e. between Pakhowal road to Dugri Phase III) and
Dhandra Road to Sidhwan Canal (Southern bye pass) road can
Civil Writ Petition No.17495 of 2007 4be taken up after completion of the acquisition proceedings.”
(emphasis supplied).
Mr.Sareen learned senior counsel appearing for the petitioner
submits that in the light of the decision now taken by the State Govenrment,
nothing further survives for consideration in this petition except that a
direction ought to be issued to the government to expedite the process of
construction of the road and to complete the same within a specific time
frame.
Mr.Amol Rattan Singh, counsel appearing for respondents No.1
and 4, however, submits that the process of acquisition of the land required
for the second link between F and G in the site plan has not yet started as the
authority is still in the process of preparing a site plan for the same, no time
frame can be truly realistic at this stage.
Learned counsel appearing for some of interveners, who happen
to be owners of the land between missing link No.1 marked D to E in the site
plan submitted that their houses have yet to be demolished in case the said
link was to be constructed. It is not, however, disputed that challenge to the
acquisition proceedings in relation to the said land has already been repelled
by the Courts and all that remains to be done is to carry out the construction
work in that area.
In the circumstances, therefore, nothing really survives for our
consideration in these proceedings. The writ petition is accordingly disposed
off with the observations that the authorities concerned would be well
advised to expedite the process of construction of the road so that substantial
expenditure already incurred on construction of the two stretches that have
Civil Writ Petition No.17495 of 2007 5
already been constructed does not go infructuous. All pending applications
shall also stand disposed off in light of the above order. No costs.
(T.S.THAKUR)
CHIEF JUSTICE
16.12.2008 (JASBIR SINGH)
gk JUDGE