High CourtsDivision Bench(2018) 06 J&K CK 0009

CITIZEN FORUM AND OTHERS vs STATE OF JAMMU & KASHMIR AND OTHERS

Jammu And Kashmir High Court · Decided on 5 June 2018

HON’BLE JUDGES
DHIRAJ SINGH THAKUR, SANJAY KUMAR GUPTA
CASE NUMBER
PIL No. 43 OF 2013

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Judgment

23 paragraphs · 447 words

This petition involves mainly two issues. First pertains to the de-congesting/widening of the Amphalla â€" Janipur road and second with regard to de-

congesting/widening of the Janipur â€" High Court Road. It appears that the Government has in principle taken a decision for widening the approach

road from the main road to the High Court.Â

Mr. Siddiqui, learned Sr. AAG stated the tenders have already been floated on the work of road widening and the said tendering process shall be

finalized in the month of June, 2018 itself. It is stated that, the work however cannot start immediately after the finalization of the tendering process,

inasmuch as, certain utilities of the Power Development Department have to be shifted, which may incur a cost of approximately Rs. 1.5 crores,

which has also to be released and approved by the Finance Department. A proposal in this regard appears to have been submitted by the PWD

Department to the Planning Department vide communication dated 21.12.2017 and only money has to be released by the Planning Department and

Finance Department, after the requisite approval. This issue also will be considered by the Principal Secretary, Planning Department and

Commissioner / Secretary to Government, Finance Department and the amount be released in favour of the Public Works Department, so that by the

time process of tendering is finalized, the process of shifting of PDD utilities can also be undertaken simultaneously with a view to avoid any further

delay in the matter.Â

Let the needful be done within a period of three weeks. A compliance report be also submitted by the Principal Secretary, Planning Department and

the Commissioner/Secretary to Government, Finance Department by the next date of hearing.Â

With regard to the issue of de-congesting/widening of the Amphalla â€" Janipur road, it is stated by Mr. Siddiqui, learned Sr. AAG that a detailed

report has since been prepared and submitted by the RITES, which needs to be considered by the Planning Department and an appropriate decision is

required to be taken on the same as to which of the options suggested by RITES has to be accepted and executed.Â

Let a considered decision be taken keeping in view the long term requirement, the pace of the expansion of the city and the ever increasing population.

The decision taken should not be a quick fixed decision but a decision which would hold good for the coming years.Â

Let an appropriate decision be taken and compliance report be filed by the next date of hearing.Â

Post on 11.07.2018.

Copy of this order be provided to Mr. H. A. Siddiqui, learned Sr. AAG under the seal and signatures of the Bench Secretary of this Court for

compliance.