Writ Petition challenging construction of Road from Thanna Mandi to Poonch; HC directs to consider representation of Bufliaz residents

17/11/2022

Jammu, Nov 17: The High Court of J&K and Ladakh comprising of Justice Wasim Sadiq Nargal has in a petition filed by residents of Bufliaz directed to consider their reorientation. The order was passed by Justice Nargal after hearing Mr. M.I. Khan, Advocate for petitioner and Mr. Vishal Sharma, DSGI and Mr. S.S. Nanda, Sr. AAG for respondents.
The Court observed that residents of Buffliaz, have filed the writ petition, being aggrieved of impugned action and inaction on part of the respondents, whereby the respondents have accorded sanction/site plan for the construction of road from Thanamandi to Poonch without considering the fact that construction of such road would affect the inhabitants of residents of village Buffliaz, who are residing in Buffliaz for the last so many years.
“It has also been averred in the writ petition that earlier also in 1993-94, the Power Development Corporation has accorded sanction for the construction of Parnai Hydel Project, Draba, Surankote on road from Rajouri Thanamandi Surankote at Buffliaz, but on the request of the residents of village Buffliaz the Power Development Corporation has sanctioned new alignment alternative link road at Buffliaz with a view to safeguard the lives and livelihood of thousands of people residing at Buffliaz" On the same analogy, the learned counsel for the petitioners has argued that the respondents can also explore the possibility and change the survey of construction of road from Thanamandi to Buffliaz as the petitioners are not in a position to shift to another place due to topography of the area, as on the right side of Buffliaz there is hilly area and on the left side of Buffliaz there is fierce river Suran and in case the petitioners are forced to leave their places, they will suffer huge loss. The main plank of arguments of the learned counsel for the petitioners is that while according sanction/site plan for the construction of road from Thanamandi to Poonch, the respondents have not considered the factum of construction of road from Thanamandi to Poonch would affect the inhabitants of residents of village Buffliaz who are residing there for the last so many years.He has further argued that due to the topography and terrain of the region it would not be possible to rehabilitate the people of village Buffliaz in the nearby area, as such, the public of said village Buffliaz would suffer irreparable loss of their lives and livelihood which cannot be compensated by any means at a later stage. He has further pointed out that the petitioners have approached on many occasions before the respondents to sanction an alternative road for construction of the road from Thanamandi to Poonch, bye-passing the village Buffliaz, but no heed has been taken by the respondents and feeling aggrieved of the same, the petitioners have preferred the present writ petition, as the action of the respondents would infringe the fundamental right of the petitioners particularly right of livelihood as envisaged in the Article 21 of the Constitution of India the Court observed.
"The short grievance which has been projected by the petitioners in the present writ petition is that let the present writ petition be taken as a representation and a direction be issued to the respondents to accord consideration within some period. Without issuing formal notice to the respondents, the present writ petition is disposed of at this stage with a direction to the respondents to consider the present writ petition as a representation and accord consideration to the same within a period of four weeks, from the date copy of the writ petition along with all the annexures are made available to the respondents, the Court held.

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