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2016 DIGILAW 676 (JK)

Zulfikar Ahmed Khan S/o Sh Hafeez Ahmed Khan v. State of Jammu and Kashmir

2016-12-29

N.PAUL VASANTHAKUMAR, TASHI RABSTAN

body2016
JUDGMENT : N. PAUL VASANTHAKUMAR, J. 1. Heard Mr. Abrar Ahmed Khan, Advocate appearing for the petitioners and M/S Faraz Iqbal, Ehsan Mirza, learned Dy. AGs, M/S Ahtsham Bhat & Tarun Sharma, learned Government Advocates appearing for the respondents. 2. This writ petition is filed praying for issuance of writ of mandamus directing the respondents to restart the construction work of Mini-Secretariat at Mendhar which has been completed upto the lintel level but has been stopped without any further progress with further direction to the respondents to construct a public park and parking slot at the land which has been left out of the land which was acquired after destroying the Forest Nursery. 3. The petitioners, who are residents of the said Tehsil Mendhar have filed this writ petition stating that the Mendhar is the most backward area of district Poonch comprising of three Tehsils, namely, Balakote, Mendhar and Mankote. Mendhar is comprised of 50 villages, 50 panchayats and having population more than 1,12,723 and is located 60 kilometer towards south from District Headquarter Poonch. The population of the area has increased with the passage of time and the town has become overcrowded/congested. All the administrative offices including Sub-Divisional Magistrate, Mendhar, Tehsildar Mendhar and other offices were established way back and are located in front of the Munsiff Court, Mendhar. Due to the said reason, there is heavy traffic congestion and even ambulances could not move some times. The Government of Jammu & Kashmir considering the said traffic hazard as well as congestion, proposed to establish a Mini Secretariat at Mendhar and because of the fact that hardly there was any land available, a forest nursery in front of the office of respondent No. 8 was taken over and the project was also approved for constructing the three storied building. 4. The grievance of the petitioners is that even though initially Rs. 14.00 crore was estimated as cost of construction of the Mini Secretariat, however, only a sum of Rs. 7.00 crore was released and the building was constructed upto to lintel level by March, 2015 and thereafter no fund being released to proceed with the construction the construction is not completed. Hence the petitioners have filed this writ petition with above stated prayers. 5. In the reply filed by respondent Nos. 1, 6 and 9, it is stated that out of total cost of the project i.e. Rs. Hence the petitioners have filed this writ petition with above stated prayers. 5. In the reply filed by respondent Nos. 1, 6 and 9, it is stated that out of total cost of the project i.e. Rs. 1404.00 lacs, an amount of Rs. 700.00 lacs was released by the indenting department and same has been fully utilized by March, 2015 and main building structure consisting of 49000 sqft. has been completed and the balance work could not be proceeded due to non-sanction of the further amount and works such as plastering, flooring, electrification, sanitary fitting etc remain to be completed. The work was allotted to the contractor on 17.12.2015 and the balance amount has already been demanded from the indenting department. 6. We have considered the pleadings, submissions of the respective counsels and also perused the photographs attached with the writ petition showing the incomplete structure. 7. Having regard to the fact that the amount of Rs. 7.00 crore has already been spent and the building is in unfinished stage, unless the same is completed and put to use the said amount already spent will go waste. The requirement of Mini Secretariat at Mendhar in Poonch District is not disputed. Hence we direct the 2nd and 3rd respondents or concerned department to sanction the funds required to complete the construction of the Mini Secretariat building during next budgetary allocation, so as to complete the building and make it fit for use. It is further ordered that entire construction shall be completed and the building shall be put to use before the end of 2017. Request for the construction of Public Park and parking slot shall also be considered by the competent authority. 8. Writ petition is allowed with above directions. No costs.