In a significant judgment, the Jammu and Kashmir High Court has directed the National Highway Authority of India (NHAI) to construct an overhead bridge or underpass between villages Naugran and Prithipur, and restore blocked water and irrigation channels.
This decision came after a public interest litigation (PIL) was filed by the Welfare Committee, representing the villagers.
The PIL, filed in 2023, highlighted the hardships faced by villagers due to the construction of the Jammu Ring Road. The petitioners claimed that the lack of service lanes and crossing lanes had made it difficult for villagers to access their homes, agricultural lands, and a cremation ground. Additionally, the construction had led to stagnation of rainy water and blockage of irrigation channels, affecting agricultural fields.
The NHAI argued that necessary provisions, including flyovers and service roads, had been made at various points along the Ring Road. Specifically, they mentioned that:
– At km 10+570, km 12+981, and km 13+633, existing roads crossing the alignment of the Jammu Ring Road had been provided with well-designed flyovers and left-turn underpasses (LVUP) with service roads.
– Kotli Mian Fateh and Prithipur villages had existing cross-roads with LVUP and one-side service/slip road.
– Village Sehora was not adjacent to the Ring Road but had access from the Bari Brahmana-Bishnah existing cross-road.
However, the court-appointed commissioner’s report revealed a different reality. The report stated that:
– Villagers, particularly senior citizens, women, children, and students, faced significant hardships while crossing the highway due to speedy vehicles.
– The cremation ground, shared by Naugran and Prithipur villages, was inaccessible due to the lack of an overhead bridge or underpass.
– Blockage of small water/irrigation channels has led to dry agricultural fields.
Considering the commissioner’s report and the arguments presented, the Division Bench of Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta directed the NHAI to:
1. Construct an overhead bridge or underpass between Naugran and Prithipur villages, similar to those provided at Sehora point and Kotli Mian Fateh.
2. Restore all blocked water/irrigation channels in Naugran, Prithipur, Sehora, and Kotli Mian Fateh villages after consulting with the Welfare Committee.
3. Prevent stagnation of rainy water on both sides of the Ring Road.
The NHAI must complete these tasks within two months from the date of the judgment, the Court further directed.
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