Srinagar, Dec 20: The High Court of Jammu & Kashmir and Ladakh Tuesday directed the Commissioner Secretary to government Public Works Department (PWD), (R&B) Department and the Divisional Commissioner, Kashmir to file their personal affidavits clearly indicating the progress of widening and completion of the Circular Road Project from Dalgate to Hazratbal in Srinagar.
A division bench comprising acting Chief Justice TashiRabstan and Justice Rajesh Sekhri directed the Commissioner Secretary to government Public Works Department (PWD), (R&B) Department and the Divisional Commissioner, Kashmir to file their personal affidavits clearly indicating the progress made in the completion of the project.
Posting the matter for hearing on February 21, 2023, the bench said, “Meanwhile, the Commissioner/Secretary to government PWD(R&B), Department and the Divisional Commissioner, Kashmir shall do the needful in terms of order dated August 25, 2022.”
In terms of August 25 order, the court had also sought explanation from the Principal District Judge, Srinagar as to why the two cases related to the project have not yet been decided despite specific directions passed by the court on December 23, 2019 directing to ensure that the said cases are positively decided within a period of one year.
“The affidavits and the report as directed may be filed within a month” the bench had directed.
The directions were passed after the court noted that previously the development work could not be completed on account of pendency of two cases in trial court and accordingly, directions were issued to the Principal District Judge to get these suits decided expeditiously.
“But, we are informed that till date the suits have not proceeded ahead and continue to remain pending,” the court underscored.
Previously, taking into consideration a status report filed by the Chief Engineer PWD (R&B) Department, the court had observed that though substantial steps have been taken for widening of the road from Dalgate to Zakura, Srinagar, yet certain impediments are there, such as difficulty in the acquisition regarding certain structures.
In this connection, the court had permitted Collector Land Acquisition to take prompt steps to ensure completion of the project.
The Finance Department was also directed to examine the difficulties being faced in the acquisition process for want of adequate funds.
Earlier, the court had directed the government to move an appropriate application seeking expeditious disposal of all land acquisition cases to ensure completion of road widening project without any further delay.
The court had pointed out that in few cases, there appear to be disputes between or among the owners, family disputes and partnership disputes pending before the courts.
“In other cases, orders of status-quo have been set out,” it had noted.
The bench had observed that the road widening has been affected only to the extent of land acquired by the authorities.
The court was hearing a Public Interest Litigation (PIL) filed by J&K People’s Forum through Secretary
General M.M. Shuja in 2018 over the ongoing road widening programme from Dalgate to Hazratbal, Srinagar.
