PIL seeking rehabilitation of Saddal village inhabitants

PIL seeking rehabilitation of Saddal village inhabitants

DB directs to complete project by Dec 31 or Principal Secy Revenue Appear in person

JKUT (Jammu), October-08-2021-( JNF):-   In a Public Interest Litigation (PIL) filed by the displaced inhabitants of village Saddal in tehsil Mongri of Udhampur district, which was devastated due to landslide in the year 2014.

          Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal took serious note for not completing the project and directed AAG Aseem Sawhney to bring on record a complete status report as on 31.12.2021 before this Court by or before next date clearly indicating as to the benefits which have been extended to the inhabitants of village for the purposes of rehabilitation and if all those benefits agreed upon by the Government have been provided to them or not.

          DB further directed in case, the project work is not completed by 31.12.2021 as directed above, Principal Secretary to Government, Revenue Department shall remain present in person before the Court on the next date of hearing.

          When the PIL came-up for hearing, Division Bench after hearing Adv Deepika Mahajan appearing for the PIL whereas AAG Aseem Sawhney appearing for the UT observed that the present writ petition has been filed in public interest for the rehabilitation of displaced inhabitants of village Saddal Tehsil Mongri District Udhampur. It is pertinent to note that the aforesaid villagers were displaced during the floods of September, 2014.

          The petitioner has, therefore, prayed that in order to rehabilitate the villagers, 10 marlas land to each of the displaced family be allotted; a sum of Rs. 2 lakh per family be given for settlement; power may be supplied to their homes; as also the facilities of Anganwari education to children with drinking water, food facilities, health centres with proper sanitary conditions. The aforesaid rehabilitation is sought on the land measuring 113 kanals 10 marlas situate in Village Debreh Niabat-Malli Tehsil and District Udhampur which stood identified for the purpose.

          DB further observed that it appears from the various reports on record that the Government had agreed for providing 05 marlas of land to each of the family with all ancillary facilities such as power supply, drinking water, sanitary conditions. One of the reports reveal that that for the purpose of leveling of ground for the residential colony, construction of approach road, drains, water supply and electrical works, DPRs have been prepared and accepted. Even sufficient amount of fund has been released in respect of each of the above heads and that all the said works would be completed within eight months from the date of availability of the funds.

          DB further observed that the above report is highly vague as it is dependent upon the availability of the funds, despite the fact that huge amount of funds have already been made available.

          AAG Aseem Sawhney appearing for the respondents submits that the completion of the work, as aforesaid, is dependent upon various authorities and the release of funds by the Finance Department, otherwise, the respondents are not leaving any stone unturned for completing the project for rehabilitation at the earliest. He further submits that in any case, leveling work and electrical works would be completed by 31.12.2021.

          DB after hearing AAG Aseem Sawhney observed that this Court is not satisfied by the above submission for the respondents as sufficient time has already passed by but there seems to be no end to the completion of the project and observed that the coordination of the various departments of the Government is an internal matter so is the matter regarding the release of the necessary funds.

          DB directed the Principal Secretary to Government, Revenue Department and Principal Secretary to Government, Disaster Management to call for a meeting of all the departments connected with the aforesaid project so as to coordinate and to bring to an end the aforesaid project by 31.12.2021 positively and the release of funds would not be an any excuse for non completion of the same.

          DB also directed AAG to bring on record a complete status report as on 31.12.2021 before this Court by or before next date clearly indicating as to the benefits which have been extended to the inhabitants of village for the purposes of rehabilitation and if all those benefits agreed upon by the Government have been provided to them or not and further ordered that in case, the project work is not completed by 31.12.2021 as directed above, Principal Secretary to Government, Revenue Department shall remain present in person before the Court on the next date of hearing. JNF