Srinagar, December 3: In CCP (S) No. 208/2020 In SWP No. 1085/2016 titled Adil Hussain Raina & Ors. vs M. Raju & Ors. after hearing Hon’ble Mr Justice Ali Mohammad Magrey, Judge ordered as:-
Petitioners in the instant contempt petition are alleging violation of final order passed on 25th of May, 2016 in SWP No. 1085/2016 titled Adil Hussain Raina & Ors vs State & Ors, in terms whereof this Court while disposing of the writ petition had directed the respondents to consider the prayer of the petitioners for their engagement on the analogy of the persons, whose details are given in the communication dated 21st June, 2014, send by Chief Engineer, Kashmir, PHE Department Srinagar to the Superintending Engineer, Hyd. Circle, Anantnag, provided they (petitioners) are similarly circumstanced with the persons mentioned in the said communication.
Prior to filing of the instant contempt, the petitioners had filed contempt petition bearing CPSW No. 242/2017 and in view of change of the respondents on account of retirement/transfer, the said contempt petition was disposed of with liberty to the petitioners to serve copy of the order to the present incumbents for implementation with further liberty to the petitioners that in the event the order is not implemented, they shall be at liberty to approach this Court again.
That is how this contempt petition is filed alleging violation on behalf of present incumbents.
On notice, statement of facts stands filed by the Respondent-Chief Engineer, Public Health Engineering Department, Srinagar, Kashmir, which was considered on 4 th of November, 2020, and while noticing that the case of the petitioners stands send to the Administrative Department for implementation, the Court had asked the Commissioner/Secretary to Government, Jal Shakti (PHE/I&FC) Department, to submit the compliance.
The compliance report filed by the Commissioner/Secretary to Government, Jal Shakti (PHE/I&FC) Department, reveals that the implementation is being delayed on account of verification of revenue documents of the petitioners from the concerned revenue agencies and it is stated that the matter has been taken up with the Chief Engineer on 25th of September, 2020, to get the revenue documents of the petitioners verified from the concerned Tehsildar.
It is further submitted that the verified documents of the petitioners have not been received yet from the Chief Engineer, PHE, Jal Shakti Department and in the meanwhile, it is submitted that the matter has been taken up with the Finance Department as well as the Department of Law, Justice and Parliamentary Affairs for instructions/ opinion. Needless to mention that the statement of facts filed by the Chief Engineer, PHE, Jal Shakti Department, has not revealed anything about the pendency of the matter for want of verification of the documents from the revenue agencies.
In fact, the Chief Engineer, PHE, Jal Shakti Department, had submitted that the case is pending with the Administrative Department for regularization.
Learned counsel for the petitioners invited attention of this Court to the statement of facts filed by the Respondent-Executive Engineer, Public Health Engineering Division, Bijbehara, in earlier contempt petition bearing CPSW No. 242/2017, stating therein that the cases of the petitioners/land donors were scrutinized by the District Level Screening Committee on 12th of December, 2014 and the list of the land donors comprising 22 including the petitioners having donated their land for construction of various water supply schemes alongwith another list comprising 14 including Petitioner No. 6, whose case stands scrutinized by the District Level Screening Committee on 29th of October, 2014, figuring at Serial No. 3, whileas the case of the Petitioner No. 7 was scrutinized alongwith other land cases by the Screening Committee on 14th of March, 2015 and in the list comprising of 28, the petitioner is figuring at serial No. 03, has been cleared by the District Level Screening Committee and submitted to the Chief Engineer, PHE Department, Kashmir, on 29th of October, 2014 and subsequently reminded the authorities vide letter dated 12th of June, 2015.
Compliance report submitted by the Commissioner/Secretary to Government, Jal Shakti (PHE/I&FC) Department; Chief Engineer, Jal Shakti (PHE) Department and Executive Engineer, Public Health Engineering Division, Bijbehara, are contradictory, as in earlier statements of facts filed by the Executive Engineer, Public Health Engineering Division, Bijbehara, submitted that the documents are required for further scrutinization as the same is done by the District Level Screening Committee.
Court is not only interested in seeking implementation of the order but also to extract explanation in the shape of affidavit from all the three officers i.e. Commissioner/Secretary to Government, Jal Shakti (PHE/I&FC) Department; Chief Engineer, Jal Shakti (PHE) Department and Executive Engineer, Public Health Engineering Division, Bijbehara, as to why they have submitted wrong information before the Court contrary to the one supplied in the earlier contempt petition in the shape of statement of facts.
Compliance of the order in the shape of affidavit as also the explanation shall be submitted within a period of two weeks from today. List again on 18th of December, 2020.
Registry to convey this order to all the respondents, copy whereof shall also be provided to Mr Irfan Andleeb, learned Dy. AG under the seal and signature of Bench Secretary of this Court today itself.
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