Date | Aug 30, 2017:
In the much publicized Public Interest Litigations highlighting various issues involving the conservation/preservation of River Tawi, a Division Bench of State High Court today rejected the compliance report presented by the administration on the court directions issued from time to time.
The DB comprising Justice Tashi Rabstan and Justice BS Walia observed that compliance report filed on behalf of Divisional Commissioner, Jammu on 26.07.2017 is nothing but seems to have been filed just to mislead the Court. Accordingly, the same is out rightly rejected.
Division Bench after going through the status reports/compliance reports of different Government agencies in respect of the encroachments/unauthorized construction along the bank of river Tawi, what transpires is that the directions passed by this Court on various previous dates, particularly 17.11.2016, 28.12.2016 and 17.07.2017 have not been complied with in letter and spirit and directed Sr. Superintendent of Police, Jammu to depute requisite force as and when the Members of the Committee, constituted by this Court, go for inspection of the subject matter of present list.
Division Bench also directed SSP Jammu to file the status report indicating what steps have been taken by the police agency with respect to the violations and encroachments being made along the bank of river Tawi as well as illegal mining being carried out in river Tawi, as pointed out by the Members of the Committee, constituted by this Court. He is also directed to remain present in the Court on the next date of hearing.
Division Bench also directed Chief Engineer, PHE, Irrigation & Flood Control, Jammu and Director, Geology & Mining, J&K to appear in person on the next date of hearing. They are also directed to file separate affidavits indicating the compliance of directions passed by this Court on various previous dates as well as the action taken report, besides to explain why they are not cooperating with the police agency and also directed Director, Geology & Mining, J&K and Sr. Superintendent of Police, Jammu shall also file the status reports indicating what steps have been taken by them for setting-up Check Posts on the belt of river Tawi to thwart/prevent the illegal mining and minerals by unscrupulous elements.
Division Bench also directed Divisional Commissioner, Jammu to file detailed and up-to-date compliance report in terms of previous orders passed by this Court, failing which he is directed to appear in person on the next date of hearing.
Division Bench further observed that since Deputy Commissioner, Jammu in his compliance report filed on 17.07.2017, has stated that in respect of encroachments falling under Bahu area the action is to be taken by the Jammu Development Authority, accordingly, Chairman, JDA is impleaded as party respondent No.9 in WPPIL No.19/2012. Registry to update the cause title. Mr. Adarsh Sharma, Advocate, accepts notice, who is directed to file detailed status report indicating what steps the JDA has taken in respect of encroachments along the bank of River Tawi falling under Bahu area.
(Source: http://www.greaterkashmir.com/)