UNION OF INDIA Vs. A K VERMA

JUDGEMENT

(1.) With a view to provide an alternative and reliable transport system in the State of Jammu and Kashmir in the year 2002 Government of India planned a 345 km long railway line. The line was to join the Kashmir Valley with the Indian Railways network. The project known as Jammu-Udhampur- Srinagar-Baramulla Rail Link Project (hereinafter referred to as JUSBRL Project) is of strategic importance and is intended to provide quick access within the State of Jammu and Kashmir and serve as an alternative to road transport on National Highway 1A on which the traffic is frequently disrupted by landslides and snow avalanches.

(2.) For a speedy execution of the project, the task of survey, field investigations, design and construction was entrusted to three public sector units; namely, Konkan Railway Corporation Limited (hereinafter referred to as the KRCL), Indian Railway Construction Company (hereinafter referred to as the IRCON) and Rail India Technical and Economic Services (hereinafter referred to as the RITES). Whereas KRCL and IRCON were required to finalize the alignment, prepare design of tunnels, bridges etc. and carry out construction activities through sub- contractors who were to be appointed through tendering process, RITES was required to assist KRCL and IRCON in the matters of surveys and investigations and preparation of designs. The Northern Railway was entrusted with the supervisory role and overall responsibility of execution of the project.

(3.) Based on the topography of the area, the project was divided into three sections; namely: (i) Udhampur Katra section; (ii) Katra Qazigund section; and (iii) Qazigund Baramulla section. Whereas the work in Udhampur Katra and Qazigund Baramulla sections was progressing at rapid speed the work in Katra Qazigand section was still in the initial stages of execution on the date of proposed completion of the project. It be noted here that a uniform ruling gradient of 1 in 100 was chosen as the alignment of Katra Qazigand section.