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Patna,(BiharTimes): A division bench of the Patna High Court comprising Acting Chief Justice Shiva Kirti Singh and Justice Shyam Kishore Sharma on Wednesday ordered that the road construction department and other agencies to stop raising the level of the roads all over the state.
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The Court said that the agencies must follow the notified guidelines of the urban development department which provide for digging the old roads before constructing new ones. The agencies must ensure that the level of the road remains the same after fresh construction.
The Court rejected the submission of the road construction department submission that digging the dilapidated roads before re-laying fresh roads on them would involve additional cost.
Though the Court order was passed on a PIL of Jawahar Lal who challenged the raising of the road level in Ramsagar locality in Gaya town, levels of a number of roads of Patna and other places have also been raised. In Patna the level has been increased by as high as 20 inches in many localities. This is leading to spill-over of rainwater to adjacent low-lying areas. In many places even drain water has entered houses.
The judges appreciated the assistance given to it by the former engineer-in-chief of PWD, Pradhan Jwala Prasad, who submitted that the road construction department has not come up with any specific reason why the level of roads in urban areas was raised whenever construction of the roads took place.
Prasad also submitted that in the map plan of the houses, the state agency concerned enter into a contract of sorts with the house holders to provide civic amenities. Thus, the road construction department cannot take unilateral decisions to raise the level of the road, he added.
The order said that if any construction agency has to increase the level of the road in any particular situation it should seek the permission of the Court by filing an application.
Standing counsel Arvind Kumar submitted that the state government was also worried on this front. It was, therefore, decided to raise the level of the roads only where it was imperative. He held technical difficulties and fund problems responsible for raising the level of roads.
Lawyer Bhupendra Kumar, through an intervener petition, said that as per the guidelines of the urban development department, the road construction agencies must take a no-objection certificates from the municipal authorities concerned to ensure that the sewer line and water supply line are not damaged in the process of road construction.
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