HC warns authorities over non-cooperation with Court Commissioners

Excelsior Correspondent
Srinagar, Aug 30: The High Court today expressed serious concern and warned authorities over non-cooperation with the Court Commissioners who were tasked to oversee and inspect the road conditions in Valley.
Court has already observed that certain roads are in deplorable state and hampering the free flow of traffic and had identified five roads – Srinagar to Qazigund, Srinagar to Sonamarg, Sumbal to Bandipora, Srinagar to Sopore and Awantipora to Tral.
In order to bring the factual position and condition of these roads, court in February this year had constituted five teams of Commissioners to oversee and inspect the condition of these roads.
Court has been apprised today that these roads are maintained by PWD (R&B), National Highway Authority of India (NHAI), Border Roads Organization (BRO) and RAMKI (Executing Agency).
Court has been informed that these authorities are not cooperating with Court Commissioners. Court has taken serious note of this act of the authorities and warned them with serious action if the same is repeated in future. “We shall take serious view if this is repeated by the authorities”, Division Bench of Chief Justice Badar Durrez Ahmad and Justice Sanjeev Kumar said.
Court has been informed that the Commissioners have visited the road from Srinagar to Qazigund. They informed that it is maintained by R&B and NHAI in parts and in this regard report of Commissioner is ready.  Court directed the report be filed within one week before the court.
About the road from Srinagar to Sonamarg, Advocate Fayaz Ahmad Bhat, one of the Court Commissioners for this road submitted that the report with regard to the road is ready and it will be filed soon before the court.
Court has also been informed that the road is maintained by R&B and BRO in parts. Court has also been informed that R&B has cooperated during the visit but BRO authorities didn’t cooperate.
Court has nominated nodal officers of these departments who shall cooperate on behalf of their department during visit to the roads by Court Commissioners.
Court had impressed upon the Commissioners and concerned officers who accompany these teams during their visit to the respective roads, to work as one team and ensure the orders of the Court are implemented.
About the road condition of Sumbal to Bandipora, court has been informed that no visit could be carried as R&B authorities are not cooperating. Court directed R&B officers to fully cooperate with Court Commissioners so that the actual position of the road condition be brought before the court.
In so far as Srinagar-Sopore road is concerned, none of the Court Commissioners was present. Respondent counsel submitted that the road is in good condition by and large except some patches but no report has been filed by the Court commissioners. “We are unable to gauge the condition of the road since the Court Commissioners have neither filed report nor they are present”, DB said and discharged previous team of Court Commissioners and appointed Advocate Ateeb Kanth as new Commissioner to inspect the said road and inform the court about its condition.
Hearing Public Interest Litigation on dilapidated condition of various roads in the Valley, the Division Bench of the Court had constituted 5 teams of Commissioners comprising at least two lawyers in each team for bringing the real position of roads before the court on next date of hearing.
The PIL filed by Civil Society of Tral area has sought directions for repairing the National Highway from Jammu to Srinagar especially from Banihal to Srinagar and Srinagar to Baramulla. It also sought directions to macadamize the existing old NH1A to make it fit for vehicular traffic to the minimum international and national standards level to the convenience of general public at large.