Ashok Jain vs State Of Rajasthan
2021 Latest Caselaw 8860 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 5213/2020

1. Ashok Jain S/o Shri Loonkaran Jain, Aged About 39 Years, (2787 1693 8021) R/o 37 Sangavo Vass, Ashop, Village And Post- Gajsinghpura, Tehsil- Bhopalgarh, District- Jodhpur 342901 (Raj.).

2. Ram Dev S/o Shri Nimba Ram, Aged About 45 Years, (4114 3677 7674) R/o 269, Sado Ka Bas, Village And Post- Gajsinghpura, Tehsil- Bhopalgarh, District- Jodhpur 342901 (Raj.).

3. Kailash Ram Bera S/o Shri Jhimpar Ram Bera, Aged About 44 Years, (24727161 0924) R/o Bero Ki Dhani, Village And Post- Gajsinghpura, Tehsil- Bhopalgarh, District- Jodhpur 342901 (Raj.).

4. Kana Ram S/o Shri Kalu Ram, Aged About 60 Years, (4764 6277 2705) R/o 287, Kumaron Ka Bas, , Village And Post- Gajsinghpura, Tehsil- Bhopalgarh, District- Jodhpur 342901 (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, public Works Department, Government Of Rajasthan, Jaipur (Raj.).

2. Additional Chief Engineer (PPP), Public Works Department, Government Of Rajasthan, Jacob Road, Civil Lines, Jaipur (Raj.).

3. Project Director (PPP), Piu-Jodhpur, Public Works Department, Government Of Rajasthan, Jodhpur (Raj.).

4. District Collector, Jodhpur (Raj.).

----Respondents Connected With D.B. Civil Writ Petition No. 7474/2020

1. Hari Ram S/o Shri Mana Ram, Aged About 70 Years, R/o Village Lalawas, Tehsil Khinwar, District - Nagaur (Raj.).

2. Amra Ram S/o Shri Jhumar Ram, Aged About 37 Years, R/o Village Lalawas, Tehsil Khinwar, District - Nagaur (Raj.).

3. Duda Ram S/o Shri Anada Ram, Aged About 40 Years, R/o Village Lalawas, Tehsil Khinwar, District - Nagaur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Lthrough The Principal Secretary, Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

2.    Additional     Chief       Engineer          (PPP),      Public    Works


                                       (2 of 7)                   [CW-5213/2020]

Department, Government Of Rajasthan, Jacob Road, Civil Lines, Jaipur (Raj.).

3. Project Director (PPP), Piu- Nagaur, Public Works Department, Government Of Rajasthan, Nagaur (Raj.).

4. District Collector, Nagaur (Raj.)

----Respondents D.B. Civil Writ Petition No. 11094/2020

1. Raghuveer Singh Rathore S/o Bhim Singh, Aged About 72 Years, R/o Village Mangariya, Tehsil Bhopalgarh, District Jodhpur Rajasthan (Aadhar No. 276556195337).

2. Bhanwar Lal S/o Rani Dan, Aged About 60 Years, R/o Village Mangariya, Tehsil Bhopalgarh, District Jodhpur Rajasthan (Aadhar No. 815628671189).

3. Champa Lal Sain S/o Jhumar Ram, Aged About 45 Years, R/o Village Mangariya, Tehsil Bhopalgarh, District Jodhpur Rajasthan (Aadhar No. 726306343472).

4. Kachara Ram S/o Swaroop Ram, Aged About 50 Years, R/o Village Mangariya, Tehsil Bhopalgarh, District Jodhpur Rajasthan (Aadhar No. 804629663808).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Land Acquisition Officer, Government Of Rajasthan, Jaipur.

2. District Collector, Jodhpur.

3. Land Acquisition And Sub Division Officer, Tehsil Bhopalgarh, District Jodhpur.

4. Chairman, Rajasthan Pollution Control Board, 4, Jhalana Institutional Area, Jhalana Dungari, Jaipur 302004.

5. Chairman, Water Resources Department, Mandore, Jodhpur Rajasthan.

D.B. Civil Writ Petition No. 467/2021

1. Ghuman Ram s/o Mohan Ram, aged about 41 years, r/o 2 Meghwalo Ka Bas, village Kankray, Post Bhadora District Nagaur- 341028

2. Koja Ram s/o Ugra Ram, aged about 34 years, r/o Jato Ka bas, village Kankray, Nagaur Rajasthan - 341028

3. Omprakash s/o Madan lal, aged about 43 years, r/o Jato Ka bas, village Kankray, Nagaur Rajasthan - 341028

----Petitioners Versus

1. State Of Rajasthan, through The Secretary, Government of Rajasthan, Secretariat main Building Bhagwan Das Road, Jaipur (Raj.) - 302005.

2. Principal Secretary, Public Works Department, Government of Rajasthan, Secretariat Main Building,

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Bhagwan Das Road, Jaipur (Raj.) - 302005.

3. Project Director, Public Private Partnership, Public Works Department, 33-34 Ashok Vihar, Opposite Bodhi International School, Shikargarh, Jodhpur (Raj.) - 342001.

4. The District Collector, Collectorate, Station Road, Nagaur (Raj.) - 341001

5. Land Acquisition Officer-Cum-Sub Divisional Officer, Mundwa, Nagaur (Raj.) 341001

6. H.G. Infra Engineering Limited, 14, Panchwati Colony, Ratanada Jodhpur (Raj.) 342001 through its Managing Director.

----Respondents

For Petitioner(s) : Mr. Muktesh Maheshwari with Mr. Aidan Choudhary (CW No. 5213/2020) Mr. Dinesh Kumar Godara (CW No. 7474/2020) Mr. Navneet Singh Birkh (CW No. 1104/2020) Dr. Sachin Acharya (CW No. 467/2021) For Respondent(s) : Mr. Karan Singh Rajpurohit, AAG assisted by Mr. Rajat Arora Mr. G.R. Punia, Senior Advocate assisted by Mr. Mahaveer Bhanwaria Mr. Niranjan Singh Choudhary, Superintending Engineer and Project Director (PPP) PWD, PIU-Jodhpur Mr. Kunal Bishnoi through VC

HON'BLE THE CHIEF JUSTICE INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

06/04/2021

The present writ petitions are filed seeking a direction to the

respondents to change/modify/reconsider the construction of

State Highway No. 86-C and State Highway No. 63 on account of

preservation of Agor/Nadi lands in the villages Gajsinghpura,

Lalawas, Mangeriya and Kankaria.

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Since the subject matter of all the petitions is common, with

the consent of the learned counsel for the parties, the writ

petitions are heard and disposed of finally.

Applications for intervention are allowed.

This Court vide order dated 10.02.2021 directed the Project

Director (PPP), PIU-Jodhpur, Public Works Department,

Government of Rajasthan, Jodhpur to remain present before this

Court along with complete drawings and details of the State

Highway passing through the villages viz. Gajsinghpura,

Mangeriya and Lalawas. In pursuance of the directions issued by

this Court Shri Karan Singh Rajpurohit along with Shri Niranjan

Singh Choudhary, Superintending Engineer & Project Director

(PPP), PIU, PWD-Jodhpur are present before this Court with the

requisite drawings and documents.

We have heard the learned counsel for the petitioners as well

as Shri Karan Singh Rajpurohit, Learned Additional Advocate

General assisted by Shri Rajat Arora.

Learned counsel for the petitioners have vehemently argued

before this Court that the construction of the road i.e. State

Highway No. 86-C and State Highway No. 63 will lead to the

situation that all the Agors and Nadis falling in the villages named

above will be choked. There will be no free flow of water in the

Nadis and ponds and residents as well as the cattle of the area will

suffer immensely, if the Highway stated above is allowed to be

constructed. Learned counsels in one voice have argued that the

entire catchment area of the Nadis and Agor lands will be blocked

by the construction of the State Highway. They have caused

concern about the impediments which will be created because of

the construction of the roads resulting into the Nadis and Agor

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lands being dried causing hardships to the villagers of the villages

named above. Alternatively, the learned counsel for the petitioners

have prayed that the petitioners may be allowed to file

representations and suggestions to the competent authorities of

the respondent - Department so that the problems faced by the

blockage of the water ways can be brought to the notice of the

authorities and appropriate measures may be taken for free flow

of the water into the Nadis and ponds located in the villages

named above.

Replying the submissions made by the learned counsels for

the petitioners, Shri Karan Singh Rajpurohit learned Additional

Advocate General along with Shri Niranjan Singh Choudhary have

shown before us the detailed map of the roads which are being

constructed on the Mangeriya Bypass, Lalawas, Gajsinghpura and

Kankarai. Learned counsel submitted that on the entire Highway

which is being constructed after an in-depth study of hydrology

calculation, the requisite culverts and bridges are being made for

the free flow of water into the ponds and Nadis. The Project

Director, while pointing out the places on the map, has shown

before us that although the Highway is passing through the

catchment area of the Nadis and ponds but all caution has been

taken for smooth flow of the water coming from the catchment

area into the Nadis. The appropriate bridges and culverts have

been constructed and the construction of the road will not be an

impediment for the smooth flow of water into the ponds. Shri

Choudhary, the Project Director has also stated that the hydrology

calculation of the entire area was got done by an expert agency

and in pursuance of the same, the culverts and bridges have been

constructed at requisite places. A report to that effect is placed

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before us for perusal of this Court. He, therefore, submits that the

construction of the road is of vital public importance and it is a

time bound project, therefore, the authorities should be allowed to

complete the same at the earliest as the objections made by the

petitioners are fully taken care of while constructing the Highway.

He has assured this Court that if any suggestion/representation is

made to the concerned authorities, the same will be considered

and decided objectively in the larger public interest.

We have considered the submissions made at the Bar and

gone through the entire material placed before us by the State

and the Project Director.

The core submission of the learned counsels in the present

petitions is with respect to the road being an impediment to the

free flow of water coming to the Nadis and ponds of the villages

named above. The anxiety of the learned counsels is that if the

road is allowed to be constructed, then the water flowing from the

catchment area into the ponds and Nadis will be stopped. The

designs of the roads and the reports of the hydrology calculation

along with other materials placed before us show that the water

coming from the catchment area into the ponds will not be

obstructed as appropriate bridges and culverts for the safe

passage of water have been constructed while undertaking the

construction of the State Highway No.86-C and State Highway

No.63. Learned Additional Advocate General as well as the Project

Director have assured this Court that all the reasonable

parameters for free flow of water from the catchment area to the

ponds and Nadis have been provided. Despite that, if there are

any suggestions and representations made by the petitioners, the

respondents will take into consideration the same in the larger

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public interest. Needless to say, the action will be taken by the

authorities concerned at the earliest in the larger public interest.

In view of the discussions made above coupled with the

assurance given by the respondents, we are satisfied that the

concern shown by the petitioners is ill-founded and thus, there is

no force in the present petitions. The same are therefore,

dismissed. However, the petitioners will be free to file

representation/suggestions, if any, to the competent authorities of

the respondent - Department, who shall decide the same keeping

in mind the larger public interest.

(VINIT KUMAR MATHUR),J (INDRAJIT MAHANTY),CJ

75-78-Anil-payal/-

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