WPPIL/2/2014 of Darpan Singh Vs State Of Uttarakhand AND OTHERS

Court: Uttarakhand High Court
Decision date: 2015-09-17
Bench: C PETITIONS, C V K BIST, K M JOSEPH
Case number: 2 of 2014

Parties

Darpan Singh (PETITIONER)
State of Uttarakhand & others (RESPONDENT)

Cites (1)

UNION OF INDIA AND ANR. versus M. BHASKAR AND ORS. (1996)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALWrit Petition No.2 of 2014 (PIL)

Darpan Singh.

……..Petitioner

Versus

State of Uttarakhand & others.

…….Respondents

No representation for the petitioner. Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand.

With

Writ Petition No.58 of 2014 (PIL)

Harish Chandra Pathak.

……..Petitioner

Versus

State of Uttarakhand & others. …….Respondents

Mr. R.C. Tamta, Advocate for the petitioner. Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand.

Dated: 27th March, 2015

Coram: Hon’ble K.M. Joseph, C.J. Hon’ble V.K. Bist, J.

V.K. BIST, J. (Oral)

Writ Petition No.2 of 2014 (PIL) has been filed by Darpan Singh for direction to the respondents to complete the construction work of the road known as Banar to Namati Cheta Bagar Road as per the approved Survey. Another PIL, bearing Writ Petition No.58 of 2014, has been filed by Harish Chandra Pathak for direction to the respondents to start the construction work of the motor road known as

(Bhanar Lathi-Namti Chetabagar Motor Road) as per the approved second Survey.

2. It appears that two surveys were conducted and thereafter, these two PILs have been filed. In Writ Petition No.2 of 2014 (PIL), an order was passed by this Court on 28.04.2014 directing the District Magistrate to hold meeting with the villagers and file his report. In compliance of the order dated 28.04.2014, the District Magistrate, Bageshwar has filed an affidavit of compliance. In paragraph no.3 of the affidavit of compliance, the District Magistrate has stated that meeting of the residents of both the villages i.e. village Lathi and Dhanyar was held on 09.09.2014 in presence of A.D.M. Bageshwar, S.D.M. Kapkote and Executive Engineer R.E.S., PIU-II, PMGSY Kapkote. In the report, he has stated that the villagers of both the villages have agreed for the proposed plan.

3. Mr. R.C. Tamta, Advocate appearing for Harish Chandra Pathak in Writ Petition No.58 of 2014 (PIL), objected the report submitted by the District Magistrate and wanted to file an objection to the same, but in view of the fact that the proposed plan is accepted to everybody, we have not permitted him to file the objection.

4. In view of above mentioned facts, we close both the Public Interest Petitions.

(V.K. Bist, J.) (K.M. Joseph, C.J.)

27.03.2015