Uttarakhand High Court
Vijay Bahadur Singh Rawat vs State Of Uttarakhand And Others on 19 November, 2016
Author: Alok Singh
Bench: Rajiv Sharma, Alok Singh
Reserved Judgment
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (PIL) No. 32 of 2014
Vijay Bahadur Singh Rawat .......Petitioner
Versus
State of Uttarakhand & others ....... Respondents
Mr. D.C.S. Rawat, Advocate for the petitioner.
Mr. A.S. Rawat, Senior Advocate with Mr. Sandeep Kothari, Brief Holder for the State/
respondent nos.1, 2 and 5.
Mr. Vinay Kumar, Advocate for the respondent nos.3 and 4.
Dated: November 19, 2016.
Coram: Hon'ble Rajiv Sharma, J.
Hon'ble Alok Singh, J.
Per Hon'ble Rajiv Sharma, J. (Oral) A question of great public importance has been raised in the present PIL filed pro bono publico.
According to the averments made in the petition, during the floods in the year 2013 in Kedarnath Valley, a massive damage was caused to the infrastructure of the area including roads, bridges etc. The children are forced to go to their school on a makeshift path endangering their lives. Respondents have proposed a Folding Bridge adjacent to the Tiloth Bridge but the work has not yet commenced.
According to the petitioner, a massive damage has been caused due to non-construction of RCC walls along the banks of river Bhagirathi. The vast area between the Gyanshu- Joshiyara- Uttarkashi towns got severely damaged. The College building was also damaged. The development work has not commenced in a right perspective. The petitioner has prayed for construction of RCC walls on both sides of rivers flowing through the area more particularly Bhagirathi river. The petitioner has also annexed the photographs showing the damaged caused by the floods to the Power House. These photographs reflect 2 massive damage to the infrastructure including the collapse of bridges and other infrastructure.
The respondent nos.1 and 2 have filed reply to the petition. According to the averments made in the reply, the work of the repair/reconstruction was undertaken by spending Rs.146.37/- lakhs and completed. For reconstruction of damaged safety measures i.e. river bank and walls, a detailed survey was sent to the Government for financial sanction. The State Government on 4.3.2013 sanctioned Rs.640.57 lakh.
Thereafter, tenders were invited and the reconstruction work was being carried out in full swing, however due to unexpected deluge of 16th and 17th June, 2013, the Assi Ganga and Bhagirathi Rivers caused hindrance to the progress of ongoing work. However, the repair and reconstruction work amounting to Rs.210/- lakhs was completed.
Thereafter, a financial plan of Rs.9918.37/- lakhs was prepared. The Financial approval was received on 14.03.2014. The tenders were invited. 75% of the work has been completed. Substantial damage was caused to Tiloth Power Station, Tiloth Bridge and the area between Tiloth Bridge and Joshiyara Barrage.
The UJVN Ltd. has entered into an agreement with M/s GSCO Infrastructure Private Ltd. Chandigarh to execute the work for the sum of Rs.22,24,01,327/-, with M/s R.R. Construction Infrastructure India Pvt. Ltd., Hyderabad to execute the work for a sum of Rs.55,25,01,352.00/- and with M/s Piyush Infratech Pvt. Ltd., Aurangabad to execute the work for a sum of Rs.63,77,42,579.00/-. The work has already been started for protecting the Tiloth Power House by constructing a retaining wall on the left bank of Bhagirathi River. The construction work of Folding Bridge has also been undertaken and is likely to be completed at the earliest.
3Similarly, the construction work near Joshiyara Barrage has also been undertaken.
The respondent no.3 has also filed the reply. The Uttarakhand Jal Vidyut Nigam Limited (UJVN) had invited the tenders for construction of flood protection wall/ embankment on both sides of Joshiyara Barrage.
The Public Works Department (PWD) of the State was working as an Executing Agency for construction of protection wall on the left-side of River Bhagirathi between Joshiyara Motor Bridge to Joshiyara Jhula Bridge.
The UJVN Ltd. was also directed to undertake the construction of embankment of either side of River Bhagirathi from Jhula Bridge towards Tiloth Bridge. The said work was being executed earlier by the Irrigation Department of the State, but in the meeting held on 14.10.2013, it was decided that the UJVN Ltd. will take over as an Executing Agency from the Irrigation Department.
Three tenders were floated for (1) River training works on the left bank of the River Bhagirathi near Tiloth Power House complex (2) River training works including miscellaneous associated works on both banks of Bhagirathi River as per requirement from Jhulapul to Tiloth Bridge to switch yard of MB-1 at Uttarkashi and (3) lastly, the construction of protection wall around the Reservoir of Joshiyara Barrage of Maneri Bhali, Stage-II HEP at Uttarkashi.
The massive damage has been caused to the infrastructure due to sudden floods in the area. The State Government has also taken steps to restore the infrastructure. However, the fact of the matter is that the general public is facing enormous difficulties. Since, the bridges and roads, till date, have not been completed, the children have to use makeshift path and are also forced to wade through gushing water endangering their lives.
4In fact, in June, 2013, damage was caused to 2072 roads and 258 bridges in the State of Uttarakhand. According to the supplementary affidavit filed by the Deputy Secretary, Disaster Management, Government of Uttarakhand, all the possible steps have been taken to ensure restoration of road connectivity by clearing debris, constructing retaining walls, making alternate roads and making temporary crossing arrangement over rivers after constructing the wooden temporary bridges, wire rope trolleys and others.
Out of 2072 damaged roads, 2068 roads were opened to traffic in a short period and rest four roads, which were completely washed out, were proposed to be reconstructed in the near future under the World Bank funded "Uttarakhand Disaster Relief Project (Roads & Bridges)."
Out of 258 damaged bridges, 136 bridges have been repaired and made available for traffic. At 21 locations, reconstruction of bridges is not required because of availability of alternate connectivity. Further, 101 washed out bridges are required to be reconstructed against which 25 bridges have, so far, been reconstructed. Ten bridges were under construction, 16 bridges were under tender process and the rest 49 bridges are proposed to be reconstructed under World Bank funded "Uttarakhand Disaster Relief Project (Roads & Bridges)" for which DPRs are being prepared by Design and Supervision Consultants.
However, in the meanwhile, 15 bailey bridges and 34 wire rope trolleys have been installed. It has also been averred in the supplementary affidavit that the World Bank has approved "Uttarakhand Disaster Relief Project (Roads & Bridges)" under which reconstruction and strengthening of 866 roads of 3567 kilometer length costing Rs.970.30 Crores was to be done in a span of 4 years. Similarly, Asian Development Bank has approved "Uttarakhand Emergency 5 Assistance Project (Roads & Bridges)" for reconstruction and strengthening of 191 roads of 2562 kilometer length costing Rs.720.00 crore in a span of 3 years. DPRs of 141 roads of 966 kilometers length costing Rs.321.90 crore under World Bank Project and 60 roads of 1143 kilometer length costing Rs.282.55 crore under Asian Development Bank funding have so far been recommended by the State Level High Power Committee. Tender process has commenced. DPRs for the remaining roads proposed under these projects were prepared by Design and Supervision Consultant.
Accordingly, this PIL is allowed and the following mandatory directions are issued in the larger public interest:
1. The State Government is directed to complete the construction of 10 bridges, as per details given in paragraph no.7 in the supplementary affidavit dated 13.08.2014, within one year.
2. The tender process of 16 bridges shall be completed within a period of two months from today.
3. The remaining 49 bridges be also reconstructed within a period of one year from today.
4. The 04 washed out roads be completed within a period of two years from today.
5. The State Government is further directed to complete 141 roads of 966 kilometers length approved by the World Bank and 60 roads approved by Asian Development Bank, by completing all the formalities within a period of two years from today.
6. Similarly, the remaining roads, duly approved by World Bank and Asian Development Bank, be completed within a period of three years from today.
7. The State Government is also directed to construct RCC walls on the vulnerable points of River Bhagirathi by preparing DPRs within a period of one year from today.6
8. The already ongoing projects, as discussed hereinabove, in the reply filed by the respondent nos.1 to 3 be completed, if not already completed, within a period of six months from today, including the construction of Tiloth bridge.
(Alok Singh, J.) (Rajiv Sharma, J.)
19.11.2016
Nishant