Excelsior Correspondent
JAMMU, Dec 27: In a PIL filed by one Ganesh Sharma seeking construction of District Court Complex in Samba, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi today directed the respondents to expedite the release of funds. The DB, however, made it clear that if the needful is not done before the next date of hearing, the Secretaries of Planning and Finance Departments shall remain present in the court to explain their conduct.
After hearing Senior Advocate Sunil Sethi appearing for the PIL whereas Senior AAG Gagan Basotra for the State, DB observed, “as per the earlier direction a status report has been filed.It is evident from the report that the High Court has accorded administrative approval to Samba Court Complex and for release of funds to the tune of Rs 2063.62 lakh. The Secretary, Department of Law, Justice & Parliamentary Affairs took up the matter with JDC Works for technical vetting of the proposal, which has also been accorded. Thereafter, the matter was taken up with the Planning and Development Department, which is tossing around the file by putting forward excuses which has resulted in unnecessary delay”.
The Planning and Development Department vide its order dated 16.01.2013 returned the file with an observation that there are a number of judicial infrastructure development projects like District Court Complex and cost of these projects is not synchronizing with each other. The matter was again taken up with Planning and Development Department on 11.03.2013 with clarification that the whole complex in addition to District Court Complex includes five number of judges’ quarters, lawyers chambers, two number of judicial lockups with wash rooms for male and female, court rooms and also mediation centre.
“Again, a request was sent by the Secretary, Department of Law for according administration approval of the project. However, the file has again been sent back and similar objection time and again is being raised. The excuse put forward for such a long delay is that judicial infrastructure development projects like District Court Complex and cost of the projects is not synchronizing with each other”, the DB observed.
Division Bench asked Senior AAG Gagan Basotra as to whether similar yard stick was applied to administrative complexes built in the State. However, there was hardly any answer. “The yardstick, which is adopted for other Judicial Court Complexes also, needs to be applied everywhere else in respect of the Government Departments. Therefore, this has led us to believe that funds for Judicial Court Complex are not being released for the reasons which are not germane to the issue”, the DB said.
Accordingly, Division Bench directed respondents to expedite the release of funds for the Judicial Court Complex, Samba. “The needful shall preferably be done before the next date of hearing. If the needful is not done within the specified period then Secretaries, Planning and Development Department and Finance Department shall remain present in the Court on next date of hearing to explain their conduct”, the DB directed.
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