SYED IQBAL TAHIR GEELANI Vs. STATE OF J&K

JUDGEMENT

(1.) On the previous occasion we had indicated that the modality proposed for procurement of machinery needed a re-look. It appears that pursuant to our said direction, a memorandum has been prepared for submission to the Cabinet taking into account the urgent need for procuring such equipments for de-weeding etc., even on hire which are available from other States. This is the urgent and short term requirement. In so far as the longer term proposal of procuring the same by way of purchase, that can be considered in due course of time. However, we note that the memorandum for submission to the Cabinet had been submitted to the competent authority on 27.02.2018. After clearance from the competent authority, the same shall be placed before the Cabinet in the next Cabinet meeting which is likely to take place in the near future. Since the summer is approaching, we are of the view that this whole process be expedited otherwise, as pointed out in our previous order, all the good work done in the previous year may be set at naught. We hope that the competent authority clears the file at the earliest and the same is placed before the very next Cabinet meeting for its approval.

(2.) The further studies which were required as per the indication of the Scientific Advisory Committee in its 5th meeting, has not been concluded. This is primarily because the 6th meeting of the Scientific Advisory Committee which was scheduled to take place towards the end of February, 2018, could not take place because many of the members were out of the country. We are informed that the meeting is now scheduled in the third week of March, 2018. Thereafter, the status report shall indicate what transpired on this aspect of the matter. We must point out that we had directed that the Scientific Advisory Committee should meet once in two months. This has not happened on the previous occasion and we, therefore, direct the Scientific Advisory Committee that this direction should be complied with in letter and spirit so that the project that has been undertaken does not suffer on account of the fact that no meeting takes place and further guidance is not available from the said Committee.

(3.) From the compliance report on behalf of JK LAWDA, it appears that a team from NEERI visited various sites and had detailed deliberations with the Authority and the R&B Department. We are also informed that the NEERI team started its formal study from 05.02.2018. We are also informed that NEERI has sought three months' time to finalize and present its report. This means that by the beginning of May, the report should be in place.