Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi today expressed displeasure over mal-functioning of Sonamarg Development Authority (SDA) and said that if these authorities are not in a position to take any development work, the court will recommend the Government for winding up of same as there is no use to keep the white elephants only for the purposes of siphoning of public money.
When the PIL came-up for hearing, Division Bench observed, “in furtherance of the last order dated 20.10.2021 AAG has submitted a compliance report on behalf of the Commissioner Secretary to Government, Revenue Department”, adding “in the report it has been stated that the demarcation work on Sindh Nallah (river) in collaboration with the Irrigation and Flood Control Department has been completed and as per the demarcation about 258 kanals and 12.75 marlas of land of the Sindh River is under
encroachment and in possession of unauthorized occupants”.
“The department is taking effective steps for retrieving the land but what steps are proposed to be taken or have been taken had not been indicated”, the DB said, adding “the manner in which the demarcation has been done and whether any boundary pillars have been erected or not has not been disclosed. In the absence of such information, it is not worth believing that the demarcation process has been completed or that effective steps are being taken to retrieve the encroached land”.
Accordingly, the DB directed AAG appearing for the Government departments to file a better affidavit in regard to these two aspects. The DB also asked the Amicus Curiae to go through the reports and file objections/suggestions in response thereof.
The DB further directed the Chief Executive Officer, Sonamarg Development Authority to come out with a white paper on the development work so far done by the Authority and the action plan they have drawn for future development. He has further been directed to file his personal affidavit in this regard on or before the next date of hearing.
Advocate General DC Raina, who was requested to ensure compliance of the directions contained in the order dated 11.08.2021 with regard to convening of meeting with the officers and to submit a report thereon, was granted one month time to convene the meeting and to submit the report thereof.
The DB made it clear that if these authorities like Sonamarg Development Authority are not in a position to take any development work, the court will recommend the Government for winding up of such authorities as there is no use to keep the white elephants only for the purposes of siphoning of public money which is provided to them either by the Union Territory or by the Union of India.
