Division Bench directives to PWD on roads

TNN Bureau. Updated: 10/20/2017 5:26:03 PM Press Release

In a Public Interest Litigation filed by Civil Society Tral regarding conditions of roads, Division Bench issued directons to PWD to take particular care.
When the PIL came-up for hearing Division Bench of State High Court Comprising Chief Justice Badar Durrez Ahmed and Justice Alok Aradhe observed that regarding the road from Srinagar to Qazigund, the Court Commissioner has submitted his report with regard to this stretch of road. This is the longest stretch of road out of the five roads. Part of it, as pointed out on the previous occasion, has to be developed and maintained by the PWD (R&B) and a major part by National Highways Authority of India (NHAI). We are informed that approximately 52 kilometres is under the control of NHAI and the balance, approximately 16 kilometres, is with the PWD (R&B). The Court Commissioner’s report indicates that, at a number of spots, between Srinagar to Galander, there are pot holes and the road is un-even in patches. It is also pointed out by the Court Commissioner that it has been noticed that after macadamization of the road is undertaken, the same is shortly thereafter dug-up by various local authorities which displays complete lack of coordination between the various authorities and, particularly, the PWD (R&B) and the other agencies.
Upon this Division Bench directed that the PWD (R&B) Department should draw up a plan so that the same is followed in every instance where roads need to be dug up for utility services or for other reasons. This plan should be for the better coordination between the PWD (R&B) and other departments so that whatever work needs to be done, it is done prior to the laying of roads. The same be included in the status report to be submitted on behalf of the PWD (R&B) before the next date of hearing.
Division Bench further observed that “We are also informed that certain High Tension Wires are causing an impediment in the progress of the work, insofar as the NHAI is concerned. That matter also needs to be addressed. The counsel appearing for respondent nos. 10 and 11 shall specifically point out the places to the PWD (R&B), who shall try to resolve the issue at the earliest. One more thing that we note is that, the Court Commissioner had contacted Mr Prabhat Kumar, who was one of the named Nodal officers, but he did not elicit any positive response from him.
Division Bench further observed that on the previous occasion this Court had clearly indicated that a very strong view would be taken in case the officials do not co-operate with the Court Commissioners. Mr Prabhat Kumar shall submit an affidavit, indicating as to why he did not respond to the call of the Court Commissioner. Depending on his affidavit, we shall decide the further course of action insofar as he is concerned. The points which have been raised in the Court Commissioner’s report shall be answered and responded to by the PWD (R&B). The compliance/ status report dated 04.10.2017, submitted on behalf of the PWD (R&B) is taken on record.
Regarding Road from Srinagar to Sonamarg, Division Bench examined the status report submitted by the Court Commissioner. The response to the same be submitted on behalf of PWD (R&B) and BRO. The Court Commissioner has also complained that officers of the BRO are not cooperating. Upon this Division Bench directed that an affidavit be submitted on behalf of the BRO as to why they were not cooperating. The various points which have been submitted in the Court Commissioner’s report be addressed by the PWD (R&B) as well as by BRO so as to ensure that there is a smooth flow of traffic on the Srinagar to Sonamarg road.
Regarding Road from Sumbal to Bandipora, Division Bench observed that Division Bench observed that Court Commissioner submits that although he had contacted Mr Showkat Choudhary, the Public Law Officer for PWD (R&B), who had been nominated as one of the Nodal Officers, despite the said Nodal Officer’s best efforts, he could not arrange a visit of the Court Commissioner along with the officers of PWD (R&B).
Upon this Division Bench directed Chief Engineer PWD(R&B), to submit an affidavit, explaining as to why this has happened despite the court orders. We get the impression that the officers of the PWD(R&B) are not cooperating because they are preventing the correct status to be presented before this Court. The Chief Engineer shall file an affidavit and try to dispel this impression that we are getting.
Regarding Road from Srinagar to Sopore, Division Bench observed that we have gone through the Commissioner’s report. He has divided the road, for the sake of convenience of the Court, into three segments, that is, Batamaloo to Parimpora, Parimpora to Sangrama, and Sangrama to Sopore. The first and third sections are under the control of the PWD(R&B) department whereas the second section is under the control of NHAI and BRO. Division Bench directed that all these agencies shall submit a response to the Commissioner’s report and wherever action is necessary, the same shall be taken up immediately, such as filling of the pot holes and other ditches. The work done shall be demonstrated through photographic evidence.
Regarding Road from Awantipora to Tral, Division Bench observed that the report of the Court Commissioner in respect of this road has also been examined by us. It appears that this segment of the road is in relatively better condition than the other roads. However, certain deficiencies have been pointed out such as the slow pace of road widening. The road is under the control of PWD (R&B) departmentand directed that department shall file a response to this report.
Division Bench further observed that this Court informed by by the Court Commissioner that the officers of the PWD (R&B), incharge of this segment of the road, have not been cooperating, Divison Bench said that if we hear this complaint once again on the next date of hearing, we will be constrained to issue contempt notices.
Regarding Road from Lal Chowk to Galander, Division Bench directed the Chief Engineer, PWD (R&B) department was directed to take particular care with regard to the section of the road from Lal Chowk to Galander, which was reportedly in a bad condition. Nothing has been done in this regard. A detailed status report be submitted, indicating the action taken, along with photographic evidence before the next date of hearing.


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