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Jammu & Kashmir High Court

Dewakar Sharma And Another vs State Of J&K And Others on 17 August, 2020

Author: Chief Justice

Bench: Chief Justice

                                                                   After Notice Causelist
                                                                                Sr. No.204
                 HIGH COURT OF JAMMU AND KASHMIR
                            AT JAMMU

                                                PIL No. 7/2014
                                                 (Through Video Conferencing
                                                from Srinagar)

Dewakar Sharma and another                                                ...Petitioner(s)

                                   Through: Mr. Sunil Sethi, Sr. Advocate
                                            (on Video Conference from office
                                            at Jammu)

                                                 Petitioner No.1 is present
                                                 (On video conference from office
                                                 at Jammu)

                           v/s
State of J&K and others                                               .... Respondent(s)
                                   Through: Mr. F. A. Natnoo, AAG
                                            (On Video Conference from High
                                            Court at Jammu)


     CORAM:
     HON'BLE THE CHIEF JUSTICE
                                     (on Video Conference from residence at Srinagar)
     HON'BLE MR. JUSTICE JAVED VINOD CHATTERJI KOUL, JUDGE
                                           (on Video Conference from residence at Srinagar)

                                          ORDER

17.08.2020

1. Status report in terms of our order dated 16th March 2020 has not been filed.

2. Let Divisional Commissioner, Jammu file the status report as ordered by this court.

3. The instant writ petition filed in public interest brings to the fore the adverse environment impact of illegal extraction of minor minerals from the river Tawi.

4. Despite this court having prohibited the extraction, we are being confronted daily with a spate of applications by owners of Tractor Trolleys and Tippers which 2 PIL No. 7/2014 apparently have been seized by the local police on the ground that they were carrying illegally extracted minor minerals.

5. Mr. Sunil Sethi, Senior Advocate who appears for the petitioners submits that the applicants before this court are really the tip of the iceberg so far as illegal extraction is concerned and there is huge racket and nexus which has developed between the illegal miners, local police and the mining department.

6. Mr. Sethi has vehemently contended that Special Task Force (STF) needs to be constituted to check the menace of illegal extraction of sand and other minor minerals from the banks of river Tawi and its tributaries if the environment degradation is to be stemmed.

7. This is a very important issue and critical to the lives of the residents of Jammu and also the preservation of the environment and the river.

8. Let a copy of this order be sent to the Chief Secretary, Govt of Union Territory of Jammu and Kashmir to look into this matter and a report be submitted to this court by the next date of hearing.

List on 28th September 2020.

                                       (VINOD CHATTERJI KOUL)                   (GITA MITTAL)
                                                     JUDGE                      CHIEF JUSTICE
            Jammu
            17.08.2020
            Raj kumar




RAJ KUMAR
2020.08.19 17:58
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