Jammu: November-25-2022-( JNF):- 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 de-congesting/widening of the Janipur– High Court Road.
Division Bench of Jammu & Kashmir and Ladakah High Court comprising Chief Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul after hearing Adv Aditya Sharma for the PIL whereas Advocate General DC Raina with AAG Ravinder Gupta for the UT, disposed of the PIL with the direction that the authorities will ensure completion of the projects for the convenience of public and for de-congestion of traffic in Jammu city.
When the PIL Came-up for hearing, DB observed that the respondents have given the details about the approach for widening of the aforementioned roads from the year 2007-2008 at the project cost of Rs. 18.04 Crores , as also for construction of a flyover projects.
DB further observed that respondents from time to time had taken stand that the subject matter of widening of roads, construction of flyovers etc., falls within the scope and powers of the Jammu and Kashmir Economic Reconstruction Agency (in short ERA). It has been further stated that looking to the traffic problems, widening of the B.C. road was envisaged to make it 8 lane road. However, since the said project involved acquisition of about 53 Kanals of land as also re-settlement and relocation, the same translated into huge costs. The projects for the development of the city have also been stated to be financed by Asian Development Bank (ADB), wherever the land acquisition and resettlement issues are settled on the guidelines issued by the Government from time to time.
DB further observed that during the pendency of the instant PIL, this Court noticed that proposal with regard to widening of B. C. road-Amphalla-New Plot-Janipura road was not reflected in any of the projects on account of reasons stated for involving huge amount of acquisition and relocation.
DB further observed that in terms of order passed on 18.03.2021, the Court sought examination of the issues involved in this PIL with reference to being covered under the Master Plan directly or indirectly or the Smart City Project and the time frame, the issues would be dealt with under the said project.
Compliance report stands filed by the respondents, perusal whereof reveals that a detailed report submitted by the Jammu Municipal Corporation to the Principal Secretary to Government Housing and Urban Development Department, Civil Secretariat, Jammu, regarding the various projects under Smart City Plan (SCP). In the compliance report, it is stated that there is no proposal under the Jammu Smart City Project for construction of flyover from Shakuntla Chowk-Balwinder Chowk-Amphalla, Jammu connecting Jail Road and New Plot, Janipur. However, the Metrolite Project for Jammu City encompasses the following proposal:- “The Proposed Jammu Metrolite under its comprehensive Mobility Plan (CMP) includes the development of Bantalab-Greater Kailash-Bari Brahmana Corridor, which includes the target area of the PIL No. 43/2013 and the projected designated capacity of the Metrolite for the route is sufficient to accommodate the total traffic of Public Transport along with this Corridor.
All the documents related to Jammu Metrolite viz DPRs approved by the AC, the comprehensive Mobility Plan (CMP) and the Alternative Analysis Report have been forwarded to MoHUA, Government of India for appraisal and funding of the project.
A copy of the OM No. HUD-LITOMISC/85/2021-12504 dated 10.09.2021 is enclosed.
Advocate General DC Raina submitted that the Jammu Metrolite under its comprehensive Mobility Plan (CMP), includes the development of Bantalab-Greater Kailash-Bari Brahmana Corridor and all the documents related to Jammu Metrolite viz DPRs approved by the Administrative Council (AC), the comprehensive Mobility Plan (CMP) and the alternative Analysis Report have been forwarded to Ministry of Housing and Urban Development Department, Government of India for appraisal and funding of the project. The communications referred along with the projects showing future of the projects have also been enclosed with the status report.
Adv Aditya Sharma appearing for the petitioners submitted that in the event the de-congestion of traffic in the Jammu city is ensured in terms of the Metrolite Project, the petitioners shall also feel satisfied, however, the perusal of the compliance report reveals that same is dependent on the release of funds by the Government of India.
DB satisfied with the stand taken by the Government of Jammu and Kashmir in consultation with the Government of India, in meeting the requirement of congestion of traffic in the city of Jammu and widening of roads as also the road connectivity as extended to large extent, we feel that the approach adopted by the Government of J&K and Government of India in dealing with the interests of the people shall satisfy the petitioners to the extent they have projected in this PIL and ordered that
there is no further requirement to proceed in this PIL, as such, the same shall stand closed. However, DB hope and trust that the authorities will ensure completion of these projects for the convenience of public and for de-congestion of traffic in Jammu city. JNF