Fayaz Bukhari
Srinagar, May 2: Jammu and Kashmir High Court today vacated stay on the construction of a vital bridge in Srinagar city after 7 years and described the long stay on this project of immense public importance as worst example of abuse of judicial process.
Justice Hasnain Masoodi while dismissing the petition of a contractor, who had stalled the execution of work on Mehjoor Nagar Bridge in Srinagar city by getting stay order from the court about 7 years ago, expressed serious concern over the delay in execution of project which is of immense public importance and loss suffered by the State exchequer at the hands of Government authorities. Court also held that it was responsibility of judiciary to resolve the matter without any delay.
The HC held Government functionaries responsible for delay in the construction of Mehjoor Nagar Bridge. It put responsibility on Government functionaries for the loss caused to the public exchequer and inconvenience to the public.
Court held that the executing authority and other Government functionaries without satisfying themselves whether funds were available to execute the project or it was feasible to undertake such exercise without getting the project incorporated under Central Road Fund or the State Sector asked the contractor to quote its price.
“It was obligatory on part of Chief Engineer PWD and thereafter Commissioner Secretary PWD to proceed in the matter only after they were confident that funds were available to execute projects or it was otherwise permissible to go ahead in the matter”, court said while holding CE and Commissioner Secretary responsible for it.
Counsel representing executing agency (ERA), Advocate Javed Iqbal, opposed the writ petition of the contractor on the ground that the recommendation made by the Contract Committee to allot contract for construction of Mehjoor Nagar Bridge to the petitioner contractor did not find approval of the administrative department and the administrative department directed the R&B department not to take up the project till it was approved by the Ministry of Roads and Highways Government of India and funds made available to execute the project.
“Had Government exercised some kind of discretion and desisted from examining the proposal, the present litigation could have been avoided”, court said.
“In the present case, loss to state exchequer on account of cost escalation, the litigation costs must be anywhere between Rs 10 crore to Rs 15 crore and such loss could have been avoided. The responsibility for present litigation and resultant loss is squarely that of the then CE, Commissioner Secretary as also the then Works Minister”, court observed.
“There possibly can be no worst example of abuse of ‘judicial process’ than one presented by the case in hand as the petitioner contractor has not only been able to maintain the petition without cause but stall the execution of project of huge public importance”, the court observed. “The court also cannot escape responsibility for contributing to the delay in resolution of the dispute”, HC observed.
Court also said that whether the matter should be looked into or to fix the responsibility is for the Government to decide. “However it would be appropriate if instructions are issued to all concerned that no exercise as undertaking in the present case should be initiated unless and until the exercise undertaken by the authority is satisfied to go for any construction”, court observed.
“I am conscious that an inquiry into the circumstances that led to the present litigation is not to result in any disciplinary action. However, response at appropriate level can be triggered so that the ‘State exchequer is not exposed to any loss’ in future”, court said.
Advocate Iqbal further submitted before the court that construction of the bridge is necessary to divert city traffic and to make possible such diversion and smooth movement of traffic is of utmost public importance.
The ERA counsel laid much emphasis on loss of loan package for construction of bridge because of the litigation and insisted that ERA cannot afford to lose the current loan package as well and subject public at large to immense hardships.
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