In a Public Interest Litigation regarding worst condition of Udhampur-Srinagar, A Division Bench of J&K High Court Comprising Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur directed concerned subordinate Courts within whose
jurisdiction the cases are filed, not to entertain such claims in future, including the District and Sessions Judge, Ramban. Any claim arising out of the widening of the road be it qua acquisition of land or claim of compensation or on account of any other subject, shall henceforth be brought to the notice of this Court in this PIL.
This significant direction has been passed by Division Bench after hearing counsel for National Highways Authority of India, when asked about the delay in completion of the widening of the National Highway, submits that same is only because of the delayed process involved in land acquisition, but also because of pendency of the some cases pending in the subordinate Courts at district Ramban.
During the course of hearing , DB observed that when this matter was taken up for consideration, both counsels appearing for the Union Territory of J&K, Srinagar, and National Highways Authority of India, have sought further time to submit the compliance of order dated 10.02.2020. Upon this DB directed to file compliance report within weeks’ time.
Adv G. N. Shaheen, as also by Mr. M. Ashraf Wani, appearing counsel for the petitioner that on account of non-completion of widening of the road, large number of deaths have been reported between the previous order and up to date. They submit that 12 deaths have taken place, not because of any negligence of the Drivers, but only on account of shooting stone and landslide which they attributes on account of failure of timely completion of road widening.
Upon this Court observe dthat we cannot comment on the issue unless the response is filed by the respondents, but make it clear that the respondents shall not be silent spectators on the issue of deaths, which are taking place frequently in the National Highway from Jammu to Srinagar. JNF