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2014 DIGILAW 224 (JK)

Residents of Begumbagh Kakapora v. State of J&K and Others

2014-06-02

M.M.KUMAR, MUZAFFAR HUSSAIN ATTAR

body2014
JUDGMENT M.M. Kumar, C.J.—The instant petition is purported to have been filed in public interest for issuance of directions to the department of Technical Education and others to complete the construction work on Polytechnic College Begambagh Pulwama as per the approved plan and not to alter the execution of the work. A further direction has been sought against the respondents to produce the record and material pertaining to the status of funds allocated so far by the department. It has also been prayed that the names of the politicians and authorities who interfered and influenced the diversion of funds and stoppage of work of Polytechnic College be also disclosed and the construction be monitored and supervised by a team of lawyers, journalists and environmental activists. 2. The basic dispute appears to be that initially the Polytechnic College was sought to be established in village Begambagh District Pulwama, however, vide communication dated 28.02.2014 it was directed that Government has decided to shift the site of the Polytechnic College to IUST Awantipora at the periphery of the district which is 20 kilometers away from the site earlier identified and approved. There are allegations made in para 10 that the site has been changed on account of rival political groups. It is in the aforesaid broad facts and circumstances that directions have been sought from this Court. 3. Having heard learned counsel for the parties we are unable to persuade ourselves to treat the instant petition as public interest litigation. It is nobody's case that Polytechnic College is not being constructed. It is insignificant whether it is being constructed at site A or site B, unless it is shown that it would be totally impracticable for the students to reach the College. These are administrative decisions which do not call for interference much less in public interest litigation. Even otherwise we find that there are political overtones which have been highlighted in the instant petition. We are not inclined to proceed any further in this matter. 4. Accordingly, the proceedings in the instant petition are closed and petition stands disposed of.