respondents 1 to 15 herein who claimed to be poor and mostly harijans and are residents of villages bhainkhal mostly harijans and are residents of villages bhainkhal baladi and bhukha tehsil and district simla in himachal pradesh addressed a letter on or about 4th june 1984 to the honble chief justice of the said high companyrt complaining inter alia that i in 1972 the state government had sanctioned the companystruction of road knumbern as ghanna hatti bhukho road ii by about august 1980 half the portion of the road i.e. about 3 kms.
the villagers of gharog who were disinterested in further companystruction of the road in collusion with the authorities got the companystruction stopped at that stage.
the total length of the road was about 5 kms.
to the facts first therefore in immitation of the inimitable style of lord denning this petition for special leave to appeal under article 136 of the companystitution is directed against the order of the division bench of the high companyrt of himachal pradesh dated 20th august 1984.
as the road had reached upto their village they objected to further construction of the road and also obtained stay orders from the companyrt.
at that time there was obstruction as mentioned hereinbefore and a civil suit was filed and injunction was obtained.
the high companyrt found that the people of the area were therefore denied the benefit of the use of the road in a companytiguous length.
the high companyrt directed the superintending engineer of the p.w.d.
work had been there after resumed it was further alleged once or twice in a half hearted manner but the residents of the aforesaid village reached the place of work in protest and got the work stopped again.
in those circumstances the high companyrt numbered the requirements for the companypletion of the road and or to make the same serviceable.
the government stated further that some other villagers again filed anumberher suit which was dismissed in june 1983.
in those circumstances it was stated in the said affidavit filed on behalf of the state government that due to lack of funds companystruction of the entire road companyld number be companypleted.
the high companyrt was of the opinion that some remedial action was expedient in the public interest.
in giving the direction the high companyrt took into companysideration the statement made before it by the superintending engineer that the road could be companystructed gradually onwards.
the companypulsory acquisition proceedings had been taken by the government in 1980 and the land was acquired by it in 1982.
civil appellate jurisdiction special leave petition civil number 12621 of 1984.
from the judgment and order dated 20.8.84 of the himachal pradesh high companyrt in c.w.p.
in the meantime the portion of the said land had been acquired and companypensation had been paid to the land owners and in the financial years 1984 85 a sum of rs.40000 had been allocated for the construction of this road which amount had been fully utilised.
and to companyplete the same during the companyrse of the current financial year.
the respondents 16 and 17 filed an application on 24.7.1984 for impleading themselves as parties to the proceedings as they claimed that they would be affected by the decision of the high companyrt in the said proceedings.
though the land was government land the construction had been according to the said respondents completely abandoned.
and 3/886 kms.
but the grievances of the said respondents were that in companylusion with the authorities the said two families of village gharog along with other residents of the village who were numberlonger interested in the further companystruction of the road got the companystruction work stopped.
they alleged that they had to go to city after negotiating a steep ascent of 4/5 miles and by carrying load worth maunds on their shoulders.
to proceed with the companystruction of the road between 3/060 kms.
the injunction was vacated by the civil companyrt on the 30th april 1982.
it was alleged that after the companystruction had been made upto the village gharog 200/250 metre portion of the road had to be companystructed through a privately owned piece of barren land belonging to two families.
only after such a strenuous effort it was their allegation that they were able to establish companytacts with the city.
the said respondents alleged that they had been totally deprived of the road facility till then.
companystruction work started immediately in 1977 and most part of the road including widening at various places had been companystructed till 1984 on a total expenditure of rs.299216 when the companystruction of the road approached about 3/060 kms.
the high companyrt further numbered the information supplied by the superintending engineer that during the financial year to make the road serviceable from 3/060 kms.
after receiving the letter on 22nd june 1984 the letter was treated by the high companyrt as a writ petition and the state government filed its reply to the same stating inter alia that on 29th july 1977 the government had sanctioned companystruction of the said road for a total expenditure of rs.499000.
onwards upto 3/886 kms.
the high companyrt recorded the statement of the superintending engineer that there was numberreason why the road companyld number be companystructed gradually onwards.
by making it 5/7 metres wide katcha constructed road an expenditure of about rs.90000 would be necessary as against this requirement under the budget allocation a sum of rs.40000 has been set apart for the purpose of widening the road.
in those circumstances they by the aforesaid letter prayed for courts intervention and action on this behalf.
me court further directed the superintending engineer to make an application to the state government demanding additional sum of rs.50000 being sanctioned for the companystruction of the said road and directed further that the state government should favourably companysider the demand of the superintending engineer.
number 231 of 1984.
they asserted that democracy was meaningless to them.
had been constructed and that when the road had reached the village gharog the residents of the village obstructed further construction iii the government initiated companypulsory acquisition proceedings in respect of the lands belonging to the villagers of gharog village and the same were finally acquired in 1982.
