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| 8 years and counting, people denied dispute resolution facility in Jammu division | | Funds meant for construction of Alternate Dispute Resolution Centre diverted to health schemes | | PEERZADA UMMER
EARLY TIMES REPORT
JAMMU, May 5: An injudicious use of the advance funds in the department of Law, Justice and Parliamentary Affairs Department has been found which has resulted in diversion of material of Rs 0.44 crore and blocking of Rs 0.89 crore due to which Alternate Dispute Resolution (ADR) centre couldn’t be constructed even after eight long years in Jammu’s Udhampur district.
Documents reveal that out of 22 Administrative districts in the State, ADR centres are functional in eight districts (Anantnag, Baramulla, Shopian, Srinagar, Pulwama, Leh, Jammu, Kathua) while in the remaining 14 district, ADR centre building was completed but not inaugurated in four districts (Bandipora, Kupwara, Budgam, Poonch); ADR centre under construction in two districts (Kulgam, Samba); ADR centre tenders finalised in one district (in Doda at Bhaderwah); land for ADR centre not identified in six districts (Ganderbal, Rajouri, Ramban, Reasi, Kishtwar, Kargil); sufficient land for construction not available in one district (Udhampur), they were not functional. Alternate Dispute Resolution (ADR) is a way of resolving disputes between two or more parties outside court room and includes early neutral evaluation, negotiation, mediation and arbitration. As per the official documents, on the authority of Registrar Rules (Co-ordinator), High Court of Jammu and Kashmir, a technical report for construction of Mediation Centre/ Alternate Dispute Resolution building in District court complex Udhampur at an estimated cost of Rs 0.96 crore was framed in February 2011, which was subsequently revised in October 2011 to Rs 1.33 crore.
The project was funded under the 13th Finance Commission and was to be completed in two years after the first release of funds. However, the Administrative approval for the project was awaited in January 2019.
Executive Engineer, PWD (R&B) Division, Udhampur allotted in September 2012 the work to a contractor namely M/S Open Survey World Proprietor at a cost of Rs 0.92 crore, to be completed by the end of July 2013. However, the contractor could not commence the work as a portion of the land earmarked for the Centre housed sheds for the lawyers. The department assumed in October 2011 availability of sufficient land for construction, though lawyers were not willing to vacate the sheds in January 2018.
Since the work could not commence, an amount of Rs 0.44 crore received for the work during 2012-13 was spent on procurement of material which include cement: 8,534 bags and Tar Steel: 10.213 Metric Tons and was diverted to other works including g Health and National Rural Health Mission Schemes.
An amount of Rs 0.89 crore was further released to the division during 2014-15 and 2015-16, which could also not be utilised and had to be transferred to the civil deposits. The action of the department is violative of Rule 2-33 of Jammu and Kashmir Financial Code, which does not permit the practice of withdrawing funds with a view to avoiding lapse of budget grant and placing such money in civil deposits. Thus, injudicious action of the department to advance funds to the executing division without ensuring the availability of land for construction of the Centre, resulted in diversion of material of Rs 0.44 crore and blocking of Rs 0.89 crore in deposit heads for a period exceeding five years.
The ADR centre building could not be constructed despite the lapse of more than eight years from the date of submission of proposal and the public could not avail the benefits of dispute resolution in a timely and cost effective manner. The material procured for Rs 0.44 crore was diverted to other works and Rs 0.89 crore continued to remain blocked in the deposit head. |
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