- (1.) By the Court. In this writ petition filed in public interest Shri Prem Chandra Srivastava, resident of Village and Post Kilhapur (Tarhethi) Distt. Jaunpur, has on his behalf, and for the benefit of the residents of the area around river Varuna sought intervention of the Court against the diversion and relocation of the bridge over the river constructed by the Department of Irrigation, Government of UP. from public funds, to serve the individual interest of respondent Nos. 3 to 5, to connect their agricultural fields on either side of the river. It is alleged that the site of the bridge proposed on the river Varuna amongst the 11 bridges to be constructed in pursuance to decision taken in the meeting dated 25.7.2007 of the Irrigation Department, under the Chairmanship of the Hon'ble Minister, on 'Varuna Nala', 0.00 k.m. to 38.3 k.m. in respect of Village Road Bridge (VRB) at K.M. 21.945 at Tarhethi Bazar, has been changed illegally and arbitrarily only on an application given by respondent No. 3 seeking approval to connect the fields of respondent Nos. 3 to 5.
(2.) On 23.11.2009 we called upon the respondents to file replies and stayed the construction of the bridge by an order as follows: "In this writ petition filed in public interest, the petitioner has raised an issue of construction of a bridge connecting the fields of private individuals, arrayed as respondent Nos. 3,4 and 5 for their benefit from public funds. It is stated that the public money is being spent on the constructions of the bridge on river Varuna' connecting the fields of respondent Nos. 3,4 and 5. There are no approach roads to the bridge on either side and that the alternate bridge is only at a distance of 1.5 KM, for use by general public. It is also stated that the requisite permission under Section 24 of the Water (Prevention and Control of Pollution) Act, 1974 for construction of bridge has not been taken from the U.P. Pollution Control Board. Shri Alok Kumar Yadav, learned counsel for petitioner submits that the respondent Nos. 3,4 and 5 are influential persons and that they have got the bridge sanctioned from public funds for their individual use, without any public purpose. Learned Chief Standing counsel has accepted notice on behalf of respondent Nos. 1,6,7,8 and 9. Shri P.C. Shukla appears for U.P. Pollution Control Board-respondent No. 2. Issue notice to respondent Nos. 3,4 and 5. Steps in three days. List/put up on 30.11.2009. Learned standing counsel has placed on record the instructions received by him and singed by the District Magistrate, Jaunpur, and Sub Divisional Magistrate, Machhalishahar, Jaunpur on 21.11.2009. In these instructions, it is stated that the respondent Nos. 4 and 5 are police officers. The respondent ' Nos. 3,4 and 5 are real brothers and their mother is the Pradhan of Village Tarhethi. It has been denied that the bridge is being constructed only for the benefit of respondent Nos. 3,4 and 5. The bridge over river Varuna' to connect District Jaunpur and village Sultanpur, District Allahabad, has become old and dilapidated and keeping in view of the public interest in mind and the interest of the villagers, the subject bridge is being constructed. The flow of the river is not likely to be affected and that the constructions are in progress near the old bridge. The District Magistrate and the Sub Divisional Magistrate have thereafter in their instructions admitted that there is no 'Chak' road or a road for approaching the bridge on both the sides. There is a Kharanja road, which passes through the fields of respondents No. 3,4 and 5, and is being used by the villagers. On the other side of the bridge in village Sultanpur, there is a road, which connects it with pakki sarak. The District Magistrate, and the Sub Divisional Magistrate have opined that it is not correct to say that the bridge will benefit only respondent Nos. 3,4 and 5. A proposal of the utility; technical appraisal; and permission from the State Government and U.P. Pollution Control Board are essential for constructing any bridge. It is admitted in the report of the District Magistrate, Jaunpur and Sub Divisional Magistrate, Machhlishahar, Jaunpur, that there is no public road, which can be used to connect the bridge on both the sides. The Kharanja passes through the agricultural fields of respondent Nos. 3,4 and 5. It is doubtful whether this Kharanja can be used by general public and whether it is easily connected with the villages so that the bridge under construction can be used by general public. We are prima facie of the opinion that the public money is being used to benefit only a few individuals. We therefore direct that until 30.11.2009 the respondents shall not proceed to constructions of the bridge. A copy of the order may be given to Chief Standing Counsel tomorrow for compliance."
(3.) Shri Alok Kumar Yadav, learned counsel for the petitioner submits that the mother of respondent Nps. 3 to 5 Smt. Israji was the Gran Pradhan of Village Tarhethi, Distt. Jaunpur. She utilised the Gram Sabha fund for constructions of a small bridge at a place, where it connected the fields of respondent Nos. 3,4 and 5 on either side of the river. The unauthorised constructions of the bridge without technical clearance and permission of the Irrigation Department stopped the flow of the stream of the river during rainy season and threatened floods to the village and its vicinity on both sides.;