In a Public Interest Litigation (PIL) filed by Citizen Forum through its President RK Chadha regarding fly-over project from Shakuntla-Janipur fly over proposed in 2008 has been abandoned for some extraneous reasons and regarding -congesting/widening of the Amphalla – Janipur road and regard to decongesting/widening of the Janipur – High Court Road.
A Division Bench of J&K High Court comprising Chief Justice (A) Rajesh Bindal and Justice Sanjay Dhar expressed displeasure over non-serious approach in handling the cases.
When the PIL came-up for hearing, Division Bench after hearing Adv Aditya Sharma for the PIL observed that this matter pertains to construction of Flyover from Vikram Chowk to Janipur, Jammu and On 12.10.2020, this Court passed the order that as back as on 19th March 2019, this Court had directed that a status report shall be filed within two weeks failing which costs of ?20,000/-would be imposed.
DB further observed that time to file status report was sought on 16th July, 20th August, 20th September, 16th October, 29th November 2019; and 21st August 2020. Neither the status report nor the plan in question has been filed till date. In view thereof, costs of Rs 20,000/-are imposed which will be recovered from the Officer who is responsible for all these delays. Costs shall be deposited to the Advocate’s Welfare Fund within two weeks from today. The status report shall accompany proof of deposit of costs. It is made clear that the costs imposed will not be waived under any circumstances.
DB further observed that this writ petition is pending since the year 2013 and pertains to construction of a flyover from Vikram Chowk to Janipura, a critical area.
DB further observed that though the status report filed by the respondents is on record, however, there is nothing to suggest that the costs have been deposited and the case was taken up twice. However, no one has appeared for the respondents. This is the conduct of the respondents despite strong observations made by this Court on 04.06.2019 and 12.10.2020 in the present petition and also in OWP No. 672/2018 titled as National India Construction Company vs. State of J&K and others decided on December 09, 2020.
DB further observed that this only shows the sad state of affairs possibly for the reason that no one is held responsible for sleeping over the matters and not even assisting the Court in important matters. As a result of which, the processes are delayed. All accuse the Courts only for delaying the process of justice. No one knows that many times delays are caused on account of lack of assistance by the Government or delay in filing the pleadings and there is nothing on record to suggest as to whether costs imposed by this Court have been recovered from the officer.
DB directed that a copy of this order be sent to the Chief Secretary, Government of Union Territory of J&K, for taking appropriate action in the matter against the guilty officers so that there is some change in mindset and they start justifying the fat salaries received by them from the State exchequer which is funded by taxpayers’ money.JN