HC directs Govt to extend PMGSY

Excelsior Correspondent
Srinagar, Jan 6: In order to save the funds from lapsing earmarked for a road under the scheme of Pradhan Mantri Gram Sadak Yojna (PMGSY), the High Court directed the Ministry of Rural Development, Government of India to extend the period of sanction of the scheme for further one year.
The direction has been passed by the Division Bench after the counsel appearing of Roads & Buildings (R&B) informed the Court that the funds which were earmarked by the Government of India under PMGSY scheme are likely to lapse as these funds are made available to a stipulated time.
Court has been informed that the funds could not be utilized on the road which is to be constructed under the Central Scheme from Thune to Padipathri area in Tehsil Kangan of District Ganderbal as there is a status quo passed and pending litigation before the court.
The litigation has been filed by some residents of the area alleging irregularities in land acquisition process for the purpose of the said road. Court in view of the submissions made by the R&B counsel M A Chashoo (AAG) about the lapsing of funds directed the Secretary, Ministry of Rural Development Government of India to extend the period of sanction of the scheme and the project for further one year till the issue is resolved and the matter gets disposed of and the same shall not form any impediment for the Government to complete the construction work on the road in question at that time.
During the course of arguments, counsel appearing for Revenue Department insisted the court for disposal of the case on account of the project under PMGSY is getting exhausted soon. Court in view of submissions made by both Government counsels directed the Registry to ensure the listing of the matter on January 29 in the daily supplementary cause list.
The land acquisition for the purpose of new road had culminated in awarding the compensation to the claimants and with reference to payment of compensation to the ineligible persons, the Deputy Commissioner Ganderbal has already conducted enquiry in the matter.
Court in this connection has already directed the DC Ganderbal for filing of an affidavit giving the details of the source of his authority with reference to utilizing the Kahcharai land for the purpose of construction of road as also the details of claimants with reference to their entitlement for award of compensation as also the quantum of land acquired from them.
Various persons who are in hundreds have approached the court by filing an application in the said matter for interference and seeking construction of the said road as the road in question as per their plea is the only means to connect the two villages.
The writ court in the year 2017 had vacated the stay on construction of road being developed under (PMGSY) between two villages and had asked the petitioners to raise the issue of bungling in public exchequer before Deputy Commissioner, Ganderbal made by Revenue authorities in league and connivance with some private persons.
The stay on construction of road was granted by the court way back in the year 2011 after the court was informed that the revenue officials in connivance with some private persons have treated the some Kahcharian land as proprietary land of these persons and even granted compensation from public exchequer in their favour.
But the appellants instead of approaching the DC concerned challenged the said judgment in the present appeal before the Division Bench and the DB till such time ordered for status quo on spot.
Court while vacating the initial interim order had also directed the DC Ganderbal to look into the complaint if any made by the petitioners and take decision on its own merits.
Writ court while vacating the stay order with regard to construction of road had observed the laying of road between two villages is for the benefit of the villagers. Hence, the interim order passed by this Court stands vacated and directed the authorities for laying the road within financial year so as to avoid funds getting lapsed.