The Gauhati High Court admitted a Public Interest Litigation (PIL) filed by the petitioner, essentially being aggrieved with the action of the respondents of not completing the construction of the 15.550 km of L048–Borlangphar Railway Station Approach Road, under the Pradhan Mantri Gram Sadak Yojna (PMGSY).
It is alleged in the petition that only 13 km of road is constructed. However, on the portal of the respondents, it is shown that the road upto the length of 15.550 km has been constructed.
It is also prayed in the petition that the Borlangphar Railway Station Approach Road be constructed upto 15.550 mark and necessary action be taken to provide the vehicular connectivity across the barricaded railway track, by setting up a manned railway crossing at the spot.
In counter to the Petition, the respondent Public Works Department has admitted that though the road was constructed upto 13 kms., but on the portal it was shown fully constructed. It is further submitted that now the road has been constructed upto complete length of 15.550 kms., while supplying the reasons for delay in the construction of the remaining part.
It is also mentioned in the reply that at present, the road is being used by the public. However, in respect of barricading on the railway track is concerned, the same is denied.
The counsel for the petitioner has submitted that as per the instructions of the Ministry of the Rural Development, Govt. of India, at the time of construction of a road under the PMGSY, the States are required to take into consideration, to take necessary measures, if there is any obstruction on the road, on account of railway tracks, etc.
It is submitted that the Rural Development Ministry, Govt. of India has directed the States to construct overbridges out of the Central Fund, if the same is required.
The counsel for the respondent PWD, prays for some time to complete his instructions, on the above aspects.
The Division Bench of Chief Justice Vijay Bishnoi and Justice Kardak Ete granted the four weeks time for the same and directed to list the matter accordingly.
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