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Monday, July 28th, 2014 - 2:17 PM
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This topic contains 6 replies, has 6 voices, and was last updated by  smallchilli 1 year, 4 months ago.

Viewing 8 posts - 1 through 8 (of 8 total)
  • Author
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  • #50109

    smallchilli
    Participant

    Dear Readers,
    I urgently need a solution as the District Engineer in my Dzongkhag have demarked the farm road alignment just 1 meter distance from the house beside having ample space to divert this encroacher of 50 feet distance from the permanent structures. I am not sure with my time to explain to them but to sought suggestions from this forum and to build a case on it. Now the excavation have started and the affect to the house started after requesting them to keep five meters distance for the time being cause I didn’t have time to spend time in court case at that moment.
    I need to know from this forum if this case filed.
    From this day I start to build a case file against this Engineer who did this survey.

    Bhutan is a GNH Country

    #50138

    Patu
    Participant

    Pretty difficult to understand your situation. As far as my knowledge on farm road is concerned, anything closer to the house the better. That was the whole point of communities seeking help of the government to built more roads when some of them are not necessarily important.
    When the impact fall on you..then you are raising this issue..but before the start of this road building ..didn’t you people discuss on this issue.

    BUILDING ROADS ARE NOT JUST ENVIRONMENTAL CONCERNS BUT WILL EQUALLY AFFECT THE LIVELIHOODS OF OUR POOR FARMERS.

    #50134

    Rixey
    Participant

    Dear Smallchilli and other readers,
    You are right because todays gups and engineers are working as a partner. They are least concerned or never concerned about the pros and cons from each and every corner. They even try to fooled the accountants, forget about other key officials such as Environment officers, GAOs and Extensionists. They never listen the points to these peoples but takes the views of contractors.The BIG REASONS IS BECAUSE “the above said officials are not involved in verification and passing of the bills”. Actually, these gups and engineers tries to make the known persons fool especially reagrding the farm roads constructions and maintenance. Some of us are well trained in this field, we know where the loopholes happens. Please higher officials, do change the existing policy with this reagrds. As many farm roads in Bhutan are very worst, why??? Where is the technical knowledge??? Did the roads full fills the farm road’s criterias of the MoAF’s guidelines??? Handing taking of newly constructed farm roads by the district administrations needs to be revisit the farm road guidelines, rather than looking only whether the road construction is completed or not. This will never and ever solve the problems in long run. Hope the new resolution will happen in future as time pass by.

    #50154

    smallchilli
    Participant

    Yes it was discussed during the first survey and it was about 8 meters away from the house but later the DE along with the neighbors has done the survey in absence of the owner and started cuttings and on request the Dzongkhag Enngineers came and have confirmed it was just a meter behind the house , some how I have requested to maintain 5 meters away and everything is in written but still I am not satisfied because due to the vibrations of the vehicle plying and the dust causes the most concern. Ofcourse Farm Roads are to be benefitings but more are the damages cause, around 28 fruit bearing orange trees were uprooted.
    I just wanted to know the consequences of being surveyed just very very close to the house and people may get embarrassed if one sees the closeness of the surveyed point, I have every photographs of it. To my little knowledge Land Act of Bhutan doesn’t allow any houses to be built within less than 50 feet and neither the roads should be built.
    I am collecting all the good points to build my case file, please share all you know about it.

    #50231

    Tewa
    Participant

    The DE cannot do such thing…..he should stick to the resolution made with the owner, how can he later come back and change his mind alone without consulting the owner? Author I feel you should stop the dozer and seek clarification with the DE, sit down and sort it out rather than wasting your time in this forum.

    #50331

    Crush
    Participant

    Ethically (there is no technical aspects here as I am not a civil engineer), the road should not be built as close as a meter away from a permanent structures. Besides the technical devastations that may have on your house, consider a vehicle passing by just a meter away from your door where your children may pop up anytime and get injured or have unimaginable consequences. It doesnot restrict to children only and it could happen with any one of your family members. Besides having ample spaces to align the road and constructing the road as near as 1 meter seems bizarre to me and there could be collusion amongst these three; local head, contractor and engineer or a neighbour if you are not in good terms (this could be exceptional in the sense that if he has influence over other three). So, the pertinent solution as I could see is to just let the DE know your concern and discuss constructively pointing out your technical and ethical issues. This would work 99% if you put up professionally. If not you may land up putting the case in the court which I would not even think of even if I win coz. you drain resources with your valuable time. It is time that you stop it when the fire is small. You can do this and I assume, you still in controllable stage.

    #50425

    Garuda Vajra
    Participant

    Dear smallchilli,
    If what you have said is true, people cannot do such things to you. Firstly, your consent is must for any developmental activity to take place in your land. Owners’ right to his/her legitimate property is a fundamental right enshrined in our Constitution. In your case, it seems the concerned DE had voilated what had been already agreed upon and even done the cutting without your knowledge, that is illegal by any standard and liable for punishment.

    Distance of one meter between your house and farm road is TOO close and it impose immense and serious threats both to your house and the occupants(your family members and the rest living there). pl. be very careful from now onwards, people align and build road too close to your house and in future they may tell you to demolish your house stating that your house falls within the road’s Right of Way(RoW). It is good that you have taken pictures, pl. collect other evidence(s) and keep it safely with you.

    The concerned officials are supposed to make fair assessment with minimal damage and maximum benefits to the community while designing and aligning such farm roads, they have all the access to land records, ownerships and other parameters but these people seems to be acting funny.

    Regarding the damage of your 28 FRUIT BEARING orange trees, I am still thinking, was that the only way out; if there are alternatives without having had to damage it, then again there is something very serious. Our Government supports and encourages farmers but these people destroy it in the name of farm road even without a second thought.

    I suggest you to go through Farm Road Eligibility Citeria/Guidelines, Environment Act and Regulations, Land Act and other relevant Acts and regulations. In my opinion, appealing again to the same authority out there may not hold much water for you since it was DE’s act, he or she can have better convincing or influencing ability within his jurisdiction. Therefore, you can go ahead with your plan, fight till the last, you deserve justice. I feel the road needs to be rerouted immediately within the reasonable distance from your house and you be compensated for the damages caused; someone should held responsible if anything happens to your house or occupants including your animals and crops arising out of this farm road construction.
    Best of luck…

    #51304

    smallchilli
    Participant

    I have gone through all the Acts of the Kingdom of Bhutan and to the depth of the Donner Agencies Compliance Acts for Farm Roads Funds, from this point not even a single point seems to be positive for what actually have done to the farm road that had to struck just at the edge of a permanent structure, to date the contractor have excavated the road, dumped the debries of mucking into the leftover orchard, excavated near the house and left open for erosion in the coming monsoon because the owner have asked them to maintain 5 meters distance agreed in writing by both the parties, the owner is even threatened for consequences of huge penalty to the contractor, verbally harassed by the dzongkhag engineer.
    Now, the responsibility and the consequences of the risk to the permanent structure will be only known when we finally reach to the court… who will be the one to bear consequences of this breaches.
    Small Chillies are much hotter……………..

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