Arjun Lal Gupta vs State Of Chhattisgarh

Heard Mr. Ashish Shrivastava, learned senior counsel assisted by Mr. Achyut Tiwari, learned counsel for the petitioner. Also heard Mr. Raghvendra Pradhan, learned Additional Advocate General, appearing for respondent Nos. 1 to 10 and Mr. Akash Kedia, learned counsel, appearing for respondent No.11.

The case of the petitioner is that administrative approval for widening and strengthening Basantput-Amarpur-Pendra road was granted and the road was proposed over Khasra Nos. 54 and 48. But the respondent authorities are constructing road over Khasra No. 49 as also in part of Khasra No.39 owned by private persons by making deviation of the road.

Perusal of the order of this Court dated 07.09.2022 would go to show that while Mr. Shrivastava submitted that there is a road on Khasra No. 48 in village - Amarpur and that a new road is being constructed over Khasra No. 49, Mr. Pradhan asserted that road is existing on Khasra Nos. 48 and 49 and that is what is being repaired and strengthened. With reference to page No. 129 of the writ petition, which is a map, it was pointed out that curved road wherein Khasra No. 48 is written, there is no road. The order further goes to show that Mr. Manoj Jain, Sub Divisional Officer, PWD, who was present in the Court, had submitted that the portion of road in Khasra No. 49 is in existence for at least more than last 20 years and there is no road with regard to the aforesaid portion in Khasra No. 48. In other words, he submitted that there are no two roads. Mr. Jain also submitted that the note indicating a road in Khasra No. 48 is wrongly depicted as physically, there is no road in existence over Khasra No. 48 on the field in some portion and the road also goes over Khasra No. 49.

In view of the above contradictory assertions and factual dispute, this Court, by order dated 07.09.2022 directed the Secretary, District Legal Services Authority (for short, DLSA), Bilaspur to submit a report with regard to the location of the existing road, specifically stating as to whether a portion of the road is newly constructed on Khasra No. 49 by means of diversion from existing road at Khasra No. 48.

The report submitted by the DLSA is placed before the Court in sealed cover. The inspection report was made available for perusal of the learned counsel appearing for the parties. It will be appropriate to extract the report in its entirety.

“Location Inspection Report

Location inspection report is respectfully submitted before this Hon’ble Court :

01- By order of memo having number 14379/WP(PIL) number 131 of 2021 dated 14-09-2022, Secretary, DLSA Bilaspur has been directed by the Hon’ble Court to submit a report with regard to the location of existing road, at village Amarpur, Tahsil Pendra, District Gaurela-Pendra-Marvahi, specifically stating as to whether a portion of the road is newly constructed on khasra number 49 by means of diversion from existing road at khasra number 48.

02- In compliance of the above order, on date 21-09-2022 inspection has been done by me at village Amarpur, Tahsil Pendra, District Gaurela-Pendra-Marvahi in presence of concerning Tahsildar, Revenue Inspector and Halka Patwari.

03- After inspection, spot map (document number 01) has been prepared by halka patwari before me in presence of village Kotwar and Tahsildar Pendra.

04- In the spot map (document no.1) the portion marked in red and yellow colour is the road from Pendra to Basantpur, which is one and only main road located at village Amarpur. In the spot map (document no.1) the portion marked in red colour is part of khasra number 49/01 and the portion marked in yellow colour is a part of khasra number 48/01.

05- In the spot map (document No.1) the portion marked in green colour (curved road) is also part of khasra number 48/01 and that portion is mentioned as a road in revenue record of the village but there is no road on that spot.

Conclusion (i) – I found during inspection that some portion of the road from Pendra to Basantpur at village Amarpur falls in khasra number 49/01 (marked in red colour in document no.1) and some portion falls in khasra number 48/01 (marked in yellow colour in document no.1) and that road has not been diverted at any place and there are no two roads and according to villagers of Amarpur that road is in existence for a very long time. The other portion of khasra number 48/01 (curved road) which is marked in green colour in spot map (document no.1) there is no existence of any road on that spot.

(ii) – With regard to the map attached with original petition (document no.5) there is no existence of curved road (indicated as point no.1 in the map) on that location, while rest of other portion is as same as mentioned in the map.

Important fact – It is informed by halka patwari on the basis of revenue record that three partition (batankan) have been done of khasra number 49 as 49/1, 49/2 and 49/3, in which road is constructed in khasra number 49/1. Likewise total seven partition (batankan) have been done of khasra number 48 as 48/1, 48/2 and 48/3, 48/4, 48/5, 48/6 and 48/7 in which road is constructed in khasra number 48/01. Detailed description is provided in document No.02.”

The report of the Secretary, DLSA unambiguously states that the road has not been diverted at any place and that there are no two roads. It is also seen from the report that in the curved portion in Khasra No. 48/01 there is no existence of any road, though, in the revenue record a road is shown. The report further discloses that according to the villagers of Amarpur the present road is in existence for a very long time.

Thus, the case set-out by the petitioner that the respondents had illegally deviated the construction of the road is belied by the report of the Secretary, DLSA.

In that view of the matter, we find no good ground to continue with the present public interest litigation and, accordingly, the same is dismissed.

The report of the Secretary, DLSA be kept in the records of the case.