Srinagar- Private interest must be subservient to larger public interest, the High Court of J&K and Ladakh has said as it vacated its interim order regarding projects of national security.
“The court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not. Only when, the court comes to a conclusion that overwhelming public interest requires interference, under that circumstance, the court should intervene,” a bench of Justice Wasim Sadiq Nargal said while hearing an application filed by government, seeking vacation of an interim order passed by the court regarding the construction of e construction of Battalion headquarters and office of Anti Corruption Bureau, Doda besides IRP Battalion Headquarters, Mess cum dining hall in ground floor and separate toilet/bathroom blocks 20+20 and septic/soakage block-B, C & D), construction of 10 double storey sentry posts, construction of four Guard Room, construction of drain for road, parade ground and sports stadium etc in Kishtwar.
“After hearing learned counsel appearing for the parties, this court is of the opinion that to buttonhole the project is in nobody’s interest but is only antithetical to public interest,” the court said, adding, “The passing of interim direction, in favour of the petitioner (M/s A L Construction), has helped no-one, rather has only caused loss to the parties with no corresponding gain to anyone.”
The interim direction, the court said, is visiting very harshly to the authorities.
“The project, in question, relates to larger public interest, more so, when the question of national security is involved,” the bench said, adding, “This court, after perusing the record, is of the view that there was no blanket stay order, which could have caused legal impediment for the respondents (authorities) to have finalized the tender, as merely, staying the communication would not ipso facto be construed as if the whole tendering process has been stayed.”
The authorities, the court said, have misinterpreted the staying of the communication as a stay on the entire tender process.
“……in view of the settled legal position that private interest must be subservient to larger public interest, this Court deems it proper to modify the interim order dated 01.03.2023 by giving liberty to the respondents to proceed ahead with the tender issued vide E-NIT No.EE/PCD/PHQ/82/2021-22 dated 06.08.2022, or else the respondents are at liberty to re-tender, if circumstances so warrant.
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