1 WP(C)PIL No. 3/2024 9 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court Case: WP(C)PIL No. 3/2024 Residents of Peerbagh and Hyderporath.Gh. Nabi Bhat and others …Petitioner(s)/Appellant(s) Through: Mr. Arshad Andrabi, Adv. v/s Chief Secretary to Government of J&K and others …. Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG Mr. Bikramdeep Singh, Dy.AG CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 19.05.2025 1. This petition has been filed in public interest by the petitioners for commanding the respondents to address the problem of connectivity in the areas i.e. Nadirgund-Gulshanabad-Laloosheeshgarhi Bagh-Gangbug by constructing the proposed Link Road, Walkway and Cycle Track under one project after taking into consideration the actual dimensions of the land & technical feasibility and further commanding the respondents to take steps for preservation and conservation of the large water body “Nambal Narkara” by removing encroachments from its edges and construct a ring road/green patch along its sides. 2. The petitioners had earlier also filed a writ petition in public interest and the same was disposed of by this Court vide order dated 13.03.2024 by directing that the representation submitted by the petitioners therein to the 2 WP(C)PIL No. 3/2024 Chief Secretary to Government, U. T. of J&K be disposed of expeditiously preferably within a period of four weeks. 3. The main grievance projected by the petitioners in this petition is that there is a proposal for construction of a “Cycle Track/Walkway” on the top of the Bund which is only 6 ½ ft. in width and simultaneously, the Public Works Department has also announced the construction of the link road from Peerbagh to Gangbugon the top of the Bund, which is only 6 ½ ft. wide, to relieve the pressure of traffic on the Airport Road. 4. Precisely the grievance of the petitioners is that it is not possible to have both link road from the Peerbagh to Gangbugh and “Cycle Track/Walkway” on the top of the Bund which is only 6 ½ ft. wide. 5. The Joint Commissioner (Works), Srinagar Municipal Corporation has filed the affidavit, stating therein that the work for construction of“Cycle Track/Walk-Way” was allotted to M/s Al-Mairaj Construction vide allotment order dated 24.06.2024, but during the execution of the work, the inhabitants of the area did not allow the contractor to proceed ahead with the work. Accordingly, in view of the objection raised by the residents of the area and recommendations of the Executive Engineer concerned, Srinagar Municipal Corporation for cancellation of contract, the contract was cancelled vide order dated 29.03.2025. 6. As the grievance of the petitioners was mainly in respect of the simultaneous construction of Walkway/Cycle Track as well as link road on the top of the Bund, which was 6 ½ ft wide only and the project for construction of „Walkway/Cycle Track‟ has been shelved, no cause survives to the petitioners in respect of construction of “Walkway/Cycle 3 WP(C)PIL No. 3/2024 Track”. So far as the prayer made by the petitioners for preservation of the large water body, “Nambal Narkara” by removing encroachments from its edges is concerned, the official respondents are directed to ensure that the water body mentioned above is preserved and maintained properly and no encroachment of the same takes place. 7. Accordingly, we close the proceedings in the present petition leaving the petitioners free to approach this Court again in the event, any fresh cause accrues to them. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 19.05.2025 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No KARAM CHAND 2025.05.22 09:39 I attest to the accuracy and integrity of this document