SAJRA QADIR AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT AND OTHERS
WP(C)/332/2025 · 2025-02-17
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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Judgment text
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Sr. No. 116
HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT JAMMU
WP(C) No. 332/2025 CM No. 725/2025
Sajra Qadir and ors.
…. Petitioner(s)
Through:- Ms. Rozina Afzal, Advocate
V/s
UT of J&K and ors.
…..Respondent(s)
Through:- Mr. Ravinder Gupta, AAG
CORAM : HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 17.02.2025
1. In the instant petition, the petitioners are seeking a direction upon the respondents to consider the demand of the petitioners for construction of motorable/vehicular road ensuring just and fair alignment route starting from Baransal Jama Masjid to Gulabgarh for the benefit of the people of village Gulabgarh, with further direction to the respondents to strictly follow the guidelines of Prime Minister Gram Sarak Yojna (PMGSY-IV) December, 2024 while preparing the Detailed Project Report (DPRs). The petitioners are also seeking a direction upon the respondents to associate the petitioners during the Transect Walk to determine the most suitable alignment ensuring connectivity of the inhabitants of village Gulabgarh as per Clause 6 of PMGSY-IV December, 2024 Programme guidelines.
2. It is stated by learned counsel for the petitioners that petitioner No. 1 is Chairman, DDC Reasi and belongs to Gulabgardh, petitioner No. 2 is an Ex-Sarpanch of Panchayat Gulabgarh, petitioner No. 3
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is the Nambardar of village Gulabgarh, petitioner No. 4 is a Chowkidar, petitioner No. 5 is Ex-Panch, petitioner No. 6 is a retired Teacher and respondent No. 7 is a Lecturer in HSS Gulabgarh. It is also stated that the population of 03 habitations namely Bangam, Hargam and Mora Kaindora belonging to Panchayat Halqa Gulabgarh have approached this Court seeking indulgence.
3.
Learned counsel for the petitioners has vehemently argued that there is no connectivity to the rural habitation of the village and to provide rural connectivity, the Government of India launched the Pradhan Mantri Sarak Yojana (PMGSY) on 25.12.2000 to provide all weather access to eligible unconnected habitations with a population of 500 souls and above in plain areas and 250 and above in special category States like States of North, East, Jammu and Kashmir, Himachal Pradesh and Uttrakhand, desert area as identified by Desert Development Programme and 88 selected backward Districts as identified by Department of Home Affairs/Planning Commission as a strategy for poverty alleviation.
4. It is also submitted that in terms of resolution dated 27.01.2025, there was a demand for appointing an impartial survey team to conduct the survey from Barnsal, Jama Masjid, Hargam Mohalla and Kaindor Gulabgarh and to prepare Detail Project Report (DPR) in accordance with the mandate of PMGSY-IV guidelines to ensure that no influential or anti-social elements should interfere and influence the Project Implementation Unit (PIU) in conducting the survey. The petitioners have proposed the alignment of road under
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PMGSY from Bharansal to Kaindora via Jama Masjid Gulabgarh, Kunjal, Sulnarh and Higher Secondary School, HSS Gulabgarh. The proposed road will connect several habitation and various prominent places like schools, masjid, karket etc.
5. Mr. Ravinder Gupta, learned AAG was directed to seek instructions. He has produced communication dated 03.02.2025 whereby the Executive Engineer, PMGSY Division, Mahore has informed Chief Engineer, PMGSY, Jammu to direct the concerned quarters to reject this Transit walk surveys, enabling them to proceed further in the matter, as per due process. He has also produced communication dated 14.02.2025 of Chief Engineer, PMGSY, JKRRDA, Jammu whereby, he has requested the ITNO, PMGSY (JKRRDA) Srinagar, to take up the matter with the concerned quarters for rejection/deletion of these alignments through PMGSY Gram Sadak Survey App, so that the resurvey work on all these habitations can be taken up by concerned PIUs. Both the communication are taken on record. Mr. Ravinder Gupta, learned AAG has stated that respondents are adhering to the guidelines of Prime Minister (PMGSY-IV) December, 2024
6.
Learned counsel for the petitioners has stated that the petitioners would feel satisfied if this petition is disposed of with a direction to the respondents to strictly follow the guidelines of PMGSY-IV December, 2024 while preparing the Detailed Project Reports with further direction to respondents to allow the petitioners to be heard by the respondents in terms of Clause 6 of PMGSY-IV December, 2024, Programme Guidelines.
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7. Mr. S.S Nanda, learned Sr. AAG appearing on behalf of respondent No. 1 and Ravinder Gupta, learned AAG appearing for respondent Nos. 2 & 3 state that they are not averse to the proposition being made by learned counsel for the petitioners.
8. Be that as it may, the writ petition is disposed of with a direction to the respondents to strictly adhere to the guidelines of the PrimeMinister Gram Sarak Yojna (PMGSY-IV) December, 2024, while preparing the Detailed Project Reports (DPRs).The respondents are also directed to provide opportunity of being heard to the petitioners, if required in terms of Clause 6 of PMGSY-IV December, 2024.
9.
Disposed of.
(Moksha Khajuria Kazmi)
Judge JAMMU 17.02.2025 Tarun/PS