Kanwaljit Singh Ahluwalia, J. - (1.) GRAM Panchayat Dosanjh Kalan, through its Sarpanch, has approached this Court in public interest with a grievance that action of the Respondents to connect 'South Avenue' (a group housing scheme flouted by Phagwara Improvement Trust, Phagwara on a land measuring 15.68 acres) with Phagwara -Dosanjh -Mukandpur road (hereinafter referred to as, 'Dosanjh Kalan road') is not only bad but imprudent too, as it will create insurmountable traffic hurdles for the general public, i.e. pedestrians and other vehicular traffic, will be a permanent source of nuisance, shall also be prone to accidents and shall cause obstructions in free flow of traffic, both vehicular and pedestrian. The feasibility of the proposed road has also been doubted as according to the Petitioner, the road shall run from a height of 8 feet and then it will nosedive towards lower/link road with Urban Estate road. This, according to the Petitioner, is against the norms prescribed for the road safety. It is further averred that for providing approach road to the proposed Colony, a bridge is required to be built on the canal, for which permission is likely to be denied by the concerned departments. This petition also questions wisdom of the policy makers to make the life of city dwellers better at the cost of ruralites. In the words of Petitioner, construction of road and bridge shall cause colossal loss to the villagers and to their agricultural land.
(2.) BEFORE we examine as to whether in public interest we can redress the concerns of the Petitioner or not and whether we can restrain the Respondents from making construction of the road or bridge on Dosanjh Kalan road, it will be necessary for us to cull -out the facts from the writ petition, reply filed thereto and the annexures attached. Phagwara Improvement Trust (hereinafter called 'Improvement Trust') published a development scheme as per Section 36 of the Punjab Improvement Trust Act, 1922 for construction of six -storied HIG and MIG flats. For giving effect to the scheme, 15.68 acres of land was acquired to be developed as housing Colony and the proposed Colony was named as 'South Avenue'. The State Level Land Acquisition Board (hereinafter referred to as, 'SLLAB') is headed by the Financial Commissioner (Revenue), Punjab. SLLAB has been constituted to adjudge the feasibility, viability and various features whether the proposed acquisition will advance the public purpose or not. SLLAB, on 15th October, 2010, granted conditional No Objection Certificate to the Improvement Trust for development of South Avenue Scheme and issued a mandate that the arrangement be made for providing 60 feet wide road to the proposed Colony. From a perusal of the site plan attached with the petition at Annexure P -1, it is evident that the proposed 60 feet wide road is to provide access to the residents of the proposed Colony to already existing Dosanjh Kalan road. It is pleaded by the Petitioner that this road is used by the inhabitants of various villages falling in Jalandhar district and also by the general public and by joining the access road, apprehensions expressed by the Petitioner and noticed by us in the earlier portion of judgment shall become true.
(3.) AN apprehension was also raised in the petition that the Public Works Department (Bridges and Roads), Punjab is not likely to accord permission, as the proposed approach road provided to the Colony shall block the traffic and create accidents and furthermore, the Irrigation Department may not allow the Respondents to construct the 60 feet wide bridge over the canal.;