Madhya Pradesh High Court
Vijay Tiwari vs The State Of Madhya Pradesh on 15 February, 2017
WP-5245-2014
(VIJAY TIWARI Vs THE STATE OF MADHYA PRADESH)
15-02-2017
Shri Raja Sharma, Advocate for the petitioner.
Shri Praveen Newaskar, Government Advocate for the
respondents/ State.
Shri J.D. Suryavanshi, learned counsel for the respondents No. 4 & 5.
In this PIL which is pending since last 2 & 1/2 years, public cause of dilapidated roads of Shivpuri town has been raised. This Court has passed repeated orders on various occasions, but it appears that repairing/construction of the work of nine (9) roads within the town of Shivpuri is either not commenced or is moving at a very slow pace. In regards to some of the roads there is no progress at all and the condition of the roads is deplorable. This Court appointed Commission comprising of four Advocates namely Shri N.K. Gupta, Shri M.P.S Raghuvanshi, Shri Prashant Sharma and Shri Deepak Khot who inspected the roads of Shivpuri Town and have submitted their report which is filed on 15/02/2017 relevant extract of which is as follows:-
i. Kotwali to Circuit House Road :- It has been informed that contract for construction of said road has been executed on 20/06/2016 and period of completion is 18 months as per the terms of contract. However, it was found that the completion work is already done and a layer of concrete has been laid and final road has yet to be laid. Engineer from PWD has informed that the final work shall be completed within short span of time.
ii. Rajeshwari Road (Gurudwara Chauraha to Pohri Bypass) :- Work is on hold as the Chief Engineer, PWD under consultation of Expert from MITS Engineering College, Gwalior has changed the methodology and decided to construct Bitumen road in place of concrete road. Road is in pathetic condition and not motorable. It has been informed that it is the lifeline of Shivpuri as it connects to all important places including the District Court, Shivpuri.
iii Jordan Marg :- Work order has been issued on 09/01/2017 and period of construction is 10 months. PHE department has handed over the road to PWD department. PWD has started compaction work which is under process. It has been informed that compaction work shall be completed within 15 days. However, final work of road is expected to be completed till end of February.
iv. Dally Road : Compaction work is going on. The work is expected to be completed within three months. Contract agreement has been executed on 20/06/2016. it is a Kachcha road and motorable. v. Shrimant Madhav Rao Scindia Marg :- PHE department has not handed over the road to PWD for construction. Laying of sewer line is also not finished. It is informed that fund is yet to be approved by the State Government as per new estimate. Work has not been progressing from last 5 months. PHE could not complete the work though it has started from September, 2015. Not at all motorable.
vi. Physical Road: work is in progress. Agreement has been executed on 26.06.2016. Road is Motorable. vii Gwalior Bypass to Bhut Road: Work is under progress. Compaction work is going on. As per work order dated 09.01.2016, 10 months period has been given to complete the work. viii. Raghunath Rao Dinkar Marg. 100 meter earth work is left to be completed. Motorable. ix. VIP Road; Compaction work by PWD is going on. PHE has left some work, However, the engineer of PHE has informed that work of PHE will be completed within two days.
x. Nabab Saheb Road: PHE has handed over this road one and half year ago. New Agreement to construct said road has been executed 09.01.2017. Time limit to construct the road is 10 months. Compaction work is yet to be started by PWD. It is not motorable.
xi. Tongra Road: Compaction work is going on by PWD.
As per information it is expected to be completed till June, 2017.
Pertinently, it is observed by the Commission that progress of work undertaken by or on behalf of PWD is very slow.
From the above, it appears that in regard to some of the roads, the work has started, but the work of other roads has not been started yet because of lack of funds/sanction provided by the Government. Due to fickle mindedness, lethargic attitude and apathy, the work in progress is either slow or has not started at all.
It is noteworthy that the roads of the Shivpuri town are in dilapidated condition since the last more than six years when repair work of roads was executed in such manner that large portions of all the said nine roads capsized, creating pot holes and wide cracks. The repair work was thus not done properly leading to the roads becoming cause of numerous accidents and health hazards for the citizens of Shivpuri Town.
This Court thus directs the Chief Engineer, PWD, Gwalior & Chief Engineer, PHE, Gwalior to personally ensure that the nine (9) roads of Shivpuri town are constructed before the rainy season commencing from June/July, 2017.
Any laxity on the part of the Chief Engineer, PWD, Gwalior & Chief Engineer, PHE, Gwalior shall expose them to the rigors of disciplinary proceedings.
The Chief Engineer, PWD, Gwalior & Chief Engineer, PHE, Gwalior are well advised to camp at Shivpuri Town for such period of time every week so that they can personally supervise the construction of the roads of Shivpuri town and use their good offices to complete the work latest by June/July, 2017. The progress made in this regard along with photographs shall be filed on affidavit by the Chief Engineer, PWD, Gwalior & Chief Engineer, PHE, Gwalior before the Registry of this Court on a weekly basis.
Copy of the Commissioner's report shall be supplied by the Registry to the State counsel by tomorrow itself without fail.
One copy each of this order shall be delivered by messenger of the Registry to C.E. PWD, Gwalior and C.E. PHE, Gwalior positively by tomorrow.
The Principal Registrar of this Court shall also telephonically communicate the substance of this order to the above said two officers.
Let this case be taken up on 1st of March, 2017 for monitoring the progress of work as disclosed by the Chief Engineer, PWD, Gwalior & Chief Engineer, PHE, Gwalior.
(SHEEL NAGU) (S.A. DHARMADHIKARI)
JUDGE JUDGE
Durgekar