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HC allows Army to go ahead on 'road construction' project
3/21/2014 11:40:37 PM
Early Times Report

Jammu, Mar 21 (JNF): In a petition filed by Balbir Singh and 13 others resident of residents of Villages Kothi and Mehtabpur, District Kathua alleging official respondents are widening/constructing the road from Village Kothi-Mehtabpur without acquiring the land by adopting due course of law, J&K High Court directed the Army to go ahead with process of construction of road.
Justice Tashi Rabstan of J&K High Court after hearing Adv Rohit Verma for the petitioners whereas ASGI KK Pangotra for the Union of India and AAG HA Siddiqui for the State whereas Adv SK Shukla for the private respondents observed that a detailed report was prepared by Naib Tehsildar, Circle I & II, Kathua, in which it has been clearly indicated that the houses of petitioners are not situated alongside the existing kacha road from Village Mehtabpur to Badoi.
Thus, the petitioners have no locus-standi to question the communication dated 09.07.2009, whereby tender was allotted to respondent No.10 for construction of road-in-question, because neither they participated in the tendering process nor they seem to be the affected persons as per the report submitted by the revenue officials.
The petitioners, thus, have no right to question the construction/widening of the road in question.
Justice Tashi Rabstan further observed that the petitioners, in any event, have no right to dictate the Army authorities to use another alternate Dilwan-Hadellink road to reach Depot at Kharote and dismissed the petition and directed the Army to go ahead with process of construction of road.
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