Excelsior Correspondent
JAMMU, Feb 2: An application titled “Vijay Nagar Resident Welfare Society through its Organizing Secretary Vs. UT of J&K through Commissioner-cum-Secretary U.E.E.D & Ors. was dismissed by the court of Sub Judge (CJM), Jammu wherein applicant society prayed that UEED and Jammu Municipal Corporation be restrained temporarily till disposal of main suit from undertaking construction of deep drain through Lane no. 2, Vijay Nagar, Camp Road, Talab Tillo, Jammu on the premise that project in question is ill-conceived and water that will pass through this drain would backfire because of squeezed width of drain at exit point which may result in damage to the residential houses of applicant society.
After hearing both sides, Sub Judge (CJM), Jammu dismissed application by observing that project in question is being carried out under Atal Mission for Rejuvenation and Urban Transformation (AMRUT) Scheme and Storm Water Drainage System is an infrastructure project covered by Schedule of Specific Relief Act against which there is statutory bar for grant of injunction in terms of mandate of Section 41(ha) of Specific Relief Act if it would impede or delay the progress or completion of said project, adding “needless to say, construction work in question is an infrastructure project and 84% of its work has been completed and obviously therefore restraining non-applicants at this stage from proceeding ahead with completion of project in question would straightway run in face of mandate of Section 41(ha) of Specific Relief Act.”
It was also noted by court that once there is conspicuous cloud over grant of final relief that applicant has sought in main suit, the interim relief sought by it cannot be granted as an interim measure.
Responding to the contention of applicant society that project in question is ill-conceived, court noted that construction of drain in question is being carried out in-conformity with DPR and proposed site plan and therefore remaining un-executed work cannot be stalled by holding it hostage to whimsical, un-founded and speculative assertion of applicant society as contained in its plaint, adding “neither design, execution of project in question cannot be permitted to be frustrated nor its relevance and viability questioned on account of predilection of applicant society particularly when cost of project is in crores.”
With these observations, the court dismissed the application and directed that interim order by virtue of which status quo was directed to be maintained with regard to construction shall stand vacated and non-applicants shall be free to proceed ahead with construction of drainage work in question.
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