Srinagar, March 20: The High Court of Jammu & Kashmir and Ladakh closed a public interest litigation (PIL) regarding construction and widening of the road from Dalgate to Hazratbal, Srinagar while observing that there is no wilful neglect or inaction on the part of the respondents to construct the road in question.
“We are satisfied with the steps taken by the respondents to complete the construction/widening of the subject road,” a division bench of Justices Sanjeev Kumar and Puneet Gupta said while disposing of the PIL.
However, the bench said that they hope and trust that the bottlenecks regarding acquiring and widening road from Kohna to Rainawari, which are pointed out by the respondents in their reply affidavit are removed at the earliest and the remaining stretch of road from Kohna to Rainawari, is also completed with requisite speed.
“With the aforesaid hope, we are closing this PIL, but leaving it open to the petitioner to approach this Court again if there is inordinate delay on the part of the respondents to complete the construction/widening of the road in question,” the court said.
The court closed the PIL in view of the latest compliance report filed by the respondents on October, 11, 2022 delineating the steps which they have taken to complete the construction and widening of the said road. They have also pointed out the difficulties, which they are facing in carrying out the project.
The report stated that the stretch from Dalgate to Kohnakhan has already been developed to its four-lane status by way of construction of the Bridge to Dalgate.
It was submitted that the stretch from Rainawari Chowk to Zindshah Masjid has been widened to its four-lane status.
“Similarly, the stretch from Ashai Bagh Bridge to Nigeen Club and from Hazratbal to Habak Crossing has also been widened to its 4 lane status,” it reads.
It was, however, submitted that the stretch from Kohna to Rainawari, where the process of acquisition is under process, is yet to be taken up for construction and widening.
The report pointed out that out of 206 structures, 179 structures have already been settled by the High Level Committee and removed by the R&B, Department.
“There are still 23 structures to be acquired on the said road stretch, which include 13 cases of compulsory acquisition for which the process has to be set in motion by the Collectorate of land acquisition.”
It was underscored that 11 structures are creating bottlenecks at Khayam, Khanyar and Rainawari Chowk.
The court after hearing the parties and perusing the latest status report said, “we are of the considered opinion that there is no wilful neglect or inaction on the part of the respondents to construct the road in question.”
Earlier, a PIL was filed by J&K Peoples Forum, seeking direction to the respondents to complete the construction and widening of the road from Dalgate to Hazratbal, Srinagar.
The petitioner Forum had also prayed for a direction to the respondents to remove all illegal constructions from Dalgate to Hazratbal, Srinagar, and accelerate the process of acquisition of structures coming in the alignment of the said road.
