AI Structured Summary
Not yet generated for this judgment
Judgment
There is a basic dispute between the petitioner and the State as to the construction of the road from Chiminmingre to Kakwa Duragre.
The petitioner insists that there can be no road from Chiminmingre to Kakwa Duragre without touching Jakopgre and even Rongrekgre. However, in the sketch map which appears at page 11 of the most recent affidavit filed on behalf of the State, two roads are shown to be originating from Chiminmingre and travelling at different angles towards Kakwa Duragre and to Jakopgre.
According to the State, 3.67 km of the road from Chiminmingre to Kakwa Duragre was sanctioned and the entirety of the 3.67 km has been constructed, though Kakwa Duragre may still be beyond the road that has been constructed. What the State seeks to suggest is that the distance between Chiminmingre to Kakwa Duragre is more than 3.67 km but the sanction for construction was only for the 3.67 km which has been completed.
The petitioner, on the other hand, submits that since the road from Chiminmingre to Kakwa Duragre has to go via Jakopgre and, there is no construction on the Chiminmingre to Jakopgre section, the State must be referring to some other road.
Such position has to be ascertained upon a visit to the site. The State will depute a responsible official to be present at Chiminmingre at 10:30 am on March 26, 2022 for the petitioner or a representative of the petitioner to reach the spot at the same time and to inspect the road that may have been constructed and referred to in the State’s affidavit and the road that the petitioner perceives ought to have been constructed in terms of the sanction. Independent reports or a joint report may be filed upon the conclusion of the inspection and before the matter appears next a fortnight hence.
List on April 7, 2022.