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Jammu & Kashmir High Court

Ashish Sharma And Anr. vs State Of J&K; And Others. on 3 December, 2018

Bench: Chief Justice, Tashi Rabstan

Serial No. 14
Regular List
                            HIGH COURT OF JAMMU AND KASHMIR
                                        AT JAMMU
          PIL No.19/2012
          c/w
          PIL No.7/2014
          IA Nos.62/2014, 1/2016 & 2/2017
          OWP No.1133/2018, IA Nos.1/2018, 2/2018 & 3/2018

                                                                      Date of order: 03.12.2018

          Ashish Sharma and anr.                    v.          State of J&K and others.
          Along with connected matters.
          Coram:
               HON'BLE THE CHIEF JUSTICE
               HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
          Appearance:
          For the Petitioner(s)                : Mr. B.S.Salathia, Sr. Advocate with
                                                 Ms. Parkhi Parihar, Advocate in PIL No.19/2012
                                                 Mr. Sunil Sethi, Sr. Advocate with
                                                 Mr. Dewakar Sharma, Advocate in PIL No.7/2014
                                                 Mr. Vikram Sharma, Advocate in OWP No.1133/2018
          For the Respondent(s)              :   Mr. F.A.Natnoo, AAG.

Mr. Ravinder Gupta, Advocate for R-8 Mr. Raman Sharma, Dy. AG.

1. Our attention is drawn to the order dated 28th December, 2016, whereby this Court had appointed a three member committee headed by Mr. Ashok Kumar Sharma, District and Sessions Judge (retired). We find from the record that the term of the Committee appears to have expired on 31 st November, 2018.

2. Inasmuch as work of the Committee is not over and also given the importance of the suggestions being received from the Committee, we extend the term of the Committee for a period of one year from today on the terms and conditions as directed by order dated 28 th December, 2016 whereby the Committee was appointed.

3. Our attention is also drawn to the report dated 1 st December, 2018 filed by the Committee with regard to the violation of the ban imposed by this Court on new constructions in and around the Tawi river bed. In para-3 of the report, reference is made to an under construction residential house noted by the Committee on 22nd November, 2018. The Committee has informed the Jammu Development Authority as well as Divisional Commissioner, Jammu of the violation but no action has been taken. Let the Committee place before us the details of the violator. We shall consider initiation of contempt action against the persons and authorities who have been found violating order dated 28th December, 2016. The Committee shall also place before us digital photographs.

4. The report of the Committee shows that the directions issued on 17 th November, 2016 for removal of illegal constructions/encroachments near and around river Tawi bed from Nagrota to Mandal Phallian remain un- complied with. Majority of encroachments have remained intact.

5. Additionally, so far as 250 kanals of land retrieved at Nagrota has not been protected. The debris after demolition are still lying on the spot.

In view of the above, we direct as follows:-

i) The Jammu Development Authority shall forthwith remove all debris of the demolished structures, particulars whereof have been set out in para 4 of the report filed by the Committee dated 1 st December, 2018.

ii) The Jammu Development Authority shall initiate process for fencing the land which has been retrieved after removal of encroachment for the time being. The steps shall also be initiated for the construction of boundary wall to ensure that the encroachments do not reoccur. The Jammu Development Authority PIL Nos.19/2012, 7/2014, OWP 1133/2018 Page 2 of 3 shall forthwith take steps to comply with the directions issued on 17th December, 2016 to ensure that all encroachments and illegal constructions are forthwith removed.

iii) While removing encroachment the entire exercise shall be photographed as well as video-graphed and report in respect thereof be placed on record.

iv) The boundaries of the land which is retrieved shall also be placed on the site plan(s) which shall be filed along with the report by the JDA.

v) We direct that the Senior Superintendent of Police, Jammu as well as the Revenue Authority shall ensure cooperation and facilitate removal of encroachments by the JDA authorities.

vi) The JDA shall also take strict action of any complaint received by it from the members of the Committee highlighting the illegal constructions.

List alongwith PIL No.7/2014 on 13th December, 2018.

Copy of this order be supplied to learned counsel for the parties under the seal and signatures of the Bench Secretary.

                                          (Tashi Rabstan)           (Gita Mittal)
                                             Judge                   Chief Justice
Jammu
03.12.2018
Vinod.




PIL Nos.19/2012, 7/2014, OWP 1133/2018                                Page 3 of 3