*HC steps in as Govt fails to ensure proper follow-up
Mohinder Verma
JAMMU, Oct 14: As the Government has failed to ensure proper follow-up to get interim orders modified, Chief Justice of State High Court, Justice N Paul Vasanthakumar has constituted a special bench for prompt disposal of those cases which have been stalling major developmental projects in different parts of Jammu and Kashmir during the past several years thereby depriving people of their benefit.
Highly placed sources in judiciary told EXCELSIOR that while dealing with a case titled Zahoor Ahmad Shah Watali and Others Versus State and Others pertaining to laying of 220 KV double circuit transmission line from Zainakote to Mirbazar via Alasteng, a Division Bench of Srinagar Wing of the High Court in the month of May this year came to know that such a big project of general public importance remained stalled since 2009 on account of interim direction passed by the Writ Court till 2015.
It was observed with serious concern by the Division Bench that instead of initiating steps to get the interim order vacated, modified or altered, those at the helm of affairs in the Power Development Department and its counsel(s) continued to adopt non-seriousness approach and allowed the matter to linger on despite being aware of the fact that project on completion would be of immense help for the common masses.
“It is a matter of concern that respondents and the State counsel concerned remained sloppy and failed to take any step to get the interim order vacated despite being aware of importance of this project”, the DB had remarked in its order dated May 17, 2016.
Accordingly, the DB had directed the Advocate General to ascertain if there are more such cases pending in the High Court involving projects of general public importance where the work has been stalled on account of interim orders. He was further asked to furnish the information to the Registrar Judicial, who shall place the same before the Chief Justice for constitution of appropriate bench(es) if need be and for listing the cases before appropriate/ roaster bench(es).
Following this, the Advocate General took up the issue with the Chief Secretary of the State and Department of Law and Justice. Thereafter, the Department of Law, Justice and Parliamentary Affairs, asked all the 22 Deputy Commissioners to furnish information about the projects which have been stalled due to interim orders from the court. Accordingly, the information was placed before the Chief Justice for appropriate decision.
Now, the Chief Justice has constituted a special bench to ensure regular hearings on the cases involving major developmental projects and prompt disposal so that such projects are taken to the logical conclusion and their intended objectives are achieved, sources said.
Though the number of small, medium and major developmental projects whose fate is hanging in balance during the past several years is quite alarming, those which fall in the category of mega projects are more than 30 each in both the regions of the State, sources said, adding “the cases where interim orders have stalled the major developmental projects are now being exclusively listed before Justice Alok Aradhe, who has also expressed desire to handle such cases for the public good”.
“Every day 6-7 such cases are being listed before Justice Aradhe and he is ensuring that counsels representing both the sides come up with their replies or objections in shortest possible time so that stalled projects get the much-needed push towards their completion”, sources said, adding “during critical analysis of the information furnished by the Advocate General it has been observed that several projects would have been completed by now had there been regular follow-up from the concerned Government departments and counsels in getting the interim orders modified or vacated”.
According to the sources, due to interim orders and slackness in getting the same modified by projecting the true picture and relevant information before the High Court, fate of several projects is hanging in balance during the past five to 10 years.
“There are numerous cases wherein interim orders were passed on technical grounds and there was no justification behind their delay”, they said, adding “the cost of many projects has escalated considerably during this period and the concerned departments as well as their counsels owe an explanation for the same”.
“Going by the seriousness being shown by special bench in prompt disposal of cases it seems that work on stalled major projects would begin very shortly”, sources said.
It is pertinent to mention here that the landmark initiative of High Court is a major embarrassment for the Government as basically it is the task of people’s Government to ensure that those who have voted it to power don’t remain deprived of the benefit of any project.
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