STATE TIMES NEWS
JAMMU: A Division Bench (DB) of State High Court comprising Justices Alok Aradhe and Tashi Rabstan directed SSP and Revenue Department to cooperate with R&B Department for possession of land in the Public Interest Litigation (PIL) filed by Citizen Forum through its President R.K Chadha regarding Shakuntla-Janipur Fly-over project which was proposed in 2008 and was abandoned for some extraneous reasons.
The DB observed that in compliance to the order passed by this Court on September 21, 2017, the Deputy Commissioner, Jammu has filed compliance report, in which it is stated that award has been passed on May 15, 2004. However, despite passing of the award for acquisition of land measuring 3 Kanals 16 Marlas and 230 sq. ft. for the purpose of widening of link road from Amb Gharota Road to High Court Complex at Janipur, the R&B department has not taken over the possession of the acquired land. It was further submitted that possession of the land could not be handed over to the R&B department (indenting department) as it has failed to deposit the amount of compensation.
The DB observed that respondents have slept over the matter for 13 long years for taking over the possession, as a result of which public at large is suffering from traffic congestion problem.
Advocate Aditya Sharma appearing for the petitioners submitted that the aforesaid Fly-over is to be funded by the Asian Development Bank and the project was conceived in 2008 and since then no concrete steps have been taken.
Subsequently, Senior Additional Advocate General (Sr AAG) sought two weeks to file status report in the light of the award dated May 15, 2004. The DB observed that needless to state that R&B Department shall take the requisite steps in accordance with law for obtaining possession of the land covered under award dated May 15, 2004, failing which appropriate orders against the officers of the R&B shall be taken. The Revenue Department and Police Department shall co-operate with the R&B Department for taking over the possession in question, the Court observed. Nirmal Kotwal, Sr. AAG submitted that the project report has already been prepared by the ERA for construction of Fly-over, which shall be finalised in the meeting, which is scheduled to be held. “Sr AAG shall also submit project report prepared by the ERA, which is to be finalised in the aforesaid meeting as Report No. 14”, the Court observed.
