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Jammu & Kashmir High Court

Prof Sk Bhalla vs State on 14 November, 2018

Bench: Chief Justice, Alok Aradhe

Serial No.4
Regular List
                           HIGH COURT OF JAMMU AND KASHMIR
                                       AT JAMMU


         PIL No. 19/2011 a/w applications c/w OWP Nos. 1515/2017, 846/2017,
         1134/2017
                                                                   Date of order: 14.11.2018

         Prof S.K.Bhalla      vs.    State and ors
         \




         Coram:
                 HON'BLE THE CHIEF JUSTICE
                 HON'BLE MR. JUSTICE ALOK ARADHE, JUDGE
         Appearance:
         For the petitioner/appellant(s) :Mr. S.S.Ahmed Advocate.
         For the Respondent(s)           :Mr. S.S.Nanda Sr. AAG

Mr. Adarsh Sharma Advocate.

Mr. Sunil Sethi Sr. Advocate with Mr. Parimoksh Seth Advocate.

Mr. R.S.Jamwal Sr. Panel Counsel.

         i) Whether approved for reporting in                  Yes/No
         Law journals etc.:

         ii) Whether approved for publication
         in press:                                             Yes/No


         1       Following two status reports are on record:

                 (i)    A status report under the signatures of Sh. Sanjeev Verma,
                        Divisional Commissioner, Jammu and;

(ii) A status report under the signatures of Sh. D.S.Katoch, Director Land Management, JDA, Jammu.

2 In these reports, reference has been made to the lands which stand demarcated, possession whereof, stands handed over to JDA. However, the said reports are completely silent about the particulars of the said lands or their Page 1 of 3 PIL NO. 19/2011 locations. Both the Authorities shall ensure that they file full details of the lands which have been referred to in these reports, their locations and photographs/videography of the lands in question.

3 The respondents shall simultaneously display particulars of all such lands on their websites and ensure that strict action is taken against any effort of the encroachment or illegal construction on the lands which belong to the official respondents. Let a status report and a compliance report of the above be filed within two weeks from today. The respondents shall also ensure that action in terms of the orders already passed to recover the encroached lands continues and status reports regarding the same are regularly filed before this Court.

4 All particulars and details of the lands which are further recovered shall also be placed on the websites with photographs and videography of the subject lands. The respondents shall also disclose action taken against the trespassers/encroachers and the illegal constructions raised on the public land. We would also like to be informed with regard to the manner in which the respondents are protecting the public land from further encroachment and trespassing and whether the same has been fenced or boundary walls placed on the security measures which have been undertaken.

5 Given the volume of the lands which are involved, it may not be always feasible or possible to fence or put boundary walls. In this regard, the respondents may explore the possibility of putting pillars and also display boards notifying the public at large that the land is owned by the public authorities. The status regarding the above shall also be disclosed in the status reports which are to be filed. We also direct the JDA to place before us the road map with regard to the utilization of all these public lands in the status reports to be filed.

6 List PIL No. 19/2011 along with connected matters on 14th December, 2018.

7 Objections, if any, be filed within two weeks from today. The petitioner may also file rejoinder thereto within one week thereafter.

8 We are informed that certain pressing issues have been raised in IA No. 48/2014.

                                        (Alok Aradhe)         (Gita Mittal)
                                          Judge               Chief Justice
Jammu
14.11.2018
Sanjeev




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