Jammu & Kashmir High Court
A Citizen vs State Of J&K And Others on 22 February, 2023
Bench: Tashi Rabstan, Moksha Khajuria Kazmi
Sr. No. 5
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
PIL No.29/2013
IA Nos.3&4/2017
IA Nos.2,3,4,5 & 6/2018
IA No. 3019/2020
c/w
PIL No. 1/2014
PIL No. 36/2018
CPPIL No. 9900001/2014
CPPIL No. 3/2018
A Citizen ....Petitioner(s)/Appellant(s)
Through :- Mr. Ajay Sharma, Advocate.
Mr. Atul Verma, Advocate in PIL No.29/2013
Mr. Ashroy Anand, Advocate vice
Mr. Anil Sethi, Advocate in PIL No.36/2018
Mr. Vikas Mangotra, Advocate.
Mr. Sachin Sharma, Advocate.
Mr. Rahoof Khan, Advocate vice
Mr. Aseem Sawhney, Advocate
Mr. Ashish Sharma, Advocate
V/s
State of J&K and others ....Respondent(s)
Through :- Mr. S.S. Nanda, Sr. AAG.
Mr. Vishal Bharti, Dy.AG.
Mr. Adarsh Sharma, Advocate.
Mr. Harshwardan Gupta, Advocate.
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
22.02.2023 IA Nos.3&4/2017, IA Nos.2,3,4,5 & 6/2018 and IA No. 3019/2020
1. This court on 07.02.2017 has passed the following order in MP No.50/2015 (in PIL No.29/2013):
"Instant application is on behalf of Anil Kumar @ Chotu Ram seeking the de-sealing of the alleged illegal construction i.e. Shops/Stores as allegedly exists at Katra Ward No.4. On the basis of the report as was furnished by the Katra Development Authority, the said construction (at serial No.11) as reflected in order dated 01.04.2014.2
After sealing, it was for the concerned authority to proceed in accordance with the provisions of Control of Building Operation Act and other enabling provisions but for the directions as were issued in this petition, those directions stand relaxed vide order dated 07.04.2015. It is now open for the applicant to apply before the concerned authorities for appropriate action which may include de-sealing, otherwise also the authorities concerned are under legal obligation to proceed in the matter as against unauthorized construction in accordance with the provisions of the Control of Building Operation Act which they must do and to finalize strictly in accordance with the rules applicable.
This application, accordingly, disposed of."
2. It is submitted by learned counsel for the applicants M/s Sachin Sharma, Vikas Mangotra & Mr. Rahoof Khan, Advocates that instant applications involve the same issue and same relief may be given.
3. Heard leaned counsel for the applicants and perused the applications.
4. Also, the applications moved by the applicants are duly supported by affidavits.
5. In the given circumstances, IA Nos.3&4/2017, IA Nos.2, 3, 4, 5, & 6/2018 and CM No. 3019/2020 are accordingly disposed of on same lines and with similar directions as are passed by this court on 07.02.2017 in MP No.50/2015 (in PIL No.29/2013).
PIL No.29/2013
1. This court vide order dated 03.12.2018, inter alia, has issued following directions:
"8. The record also contains reference to 71 persons who have raised constructions on agricultural land without receiving any permission for change of user for commercial or residential purpose. This was in the teeth of Section 13 of Agrarian Reforms Act 1976. Notices stand issued to the said persons, but no action has been taken for the violations.
9. We make it clear that we shall take a strict view against any person or authority found violation the requirements of law. Only such 3 deviations which are covered under the prescriptions of the above judicial pronouncement and additionally covered under Regulation 11 of the Regulations, 1998 can be made the subject matter of compounding and not others.
12. We are informed by Mr. S. S. Nanda, learned Sr. AAG that in the report No.41 filed under the signatures of Mr. Ghulam Rasool, Executive Engineer Local Bodies Div-II Jammu, pursuant to ENIT dated 21st April, 2018, the official respondents are in the process of finalization of the matter in favour of the successful bidder namely M/s JBR Technologies Pvt. Ltd. The matter shall be expedited so that establishment of Integrated Solid Waste Management Project at Katra is not delayed any further. A status report in this regard shall be filed before us before the next date.'
2. We are informed that Mr. S, S. Nanda, learned Sr. AAG has not filed the compliance of the order dated 03.12.2018 with regard to paras 8, 9 and 12.
3. He shall file the latest ATR/Compliance report with regard to above by or before the next date of hearing.
4. A status/compliance report on behalf of the Deputy Commissioner, Reasi with regard to the sealing process had been filed on 10.11.2014. The relevant paras of the said compliance report are:
"5. That, out of 70 cases of violations under section 13 of Agrarian Reforms Act, 53 replies have been received and the replies to the notices are still pending from 17 violators. And in the interest of justice one more opportunity is being provided to them to file the replies to the notice.
6. That answering respondent vide this office No:DC/Rsi/ARA/94- 96 dated:24-07-2014 has constituted a committee comprising of Addl. Deputy Commissioner, Reasi and Assistant Commissioner (Rev) Reasi to scrutinize the replies and recommend further course of action in the light of Agrarian Reforms Act and Rules made there under, in view of the directions of Hon'ble High Court.
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7. That the committee also co-opted SDM Katra and Tehsildar Katra and furnished the report in respect of 53 cases on 7-11- 2014 which is enclosed as Annexure "E".
8. That the report of the Committee is under examination in the office of answering respondent and it is prayed before the Hon'ble High Court that the answering respondent may be given reasonable time to take further action in accordance with the Agrarian Reforms Act and rules made thereunder and submit action taken report to the Hon'ble High Court, in view of ongoing election process as also relief and rehabilitation work."
5. Ostensibly, the compliance filed by the Deputy Commissioner, Reasi would show that the Deputy Commissioner had to take action in accordance with the Agrarian Reforms Act with regard to 70 violators.
6. Let the Action Taken Report evince the action taken with regard to above violations.
7. Further, the Action Taken Report shall also include the action taken regarding the unauthorized constructions of 339 buildings which have come up in violation of Master Plan.
8. List the matter again on 28.03.2023.
(Moksha Khajuria Kazmi)
) (Tashi Rabstan)
Jammu: Judge Judge
22.02.2023
Raj Kumar