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Jammu & Kashmir High Court - Srinagar Bench

Hafizullah Masoodi vs State Of Jk & Ors on 4 December, 2019

Author: Ali Mohammad Magrey

Bench: Ali Mohammad Magrey

Serial No. 75
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                IN THE HIGH COURT OF JAMMU AND KASHMIR
                              AT SRINAGAR
                                              ***********
                                         OWP No. 2148/2017
                                          MP No. 01/2017
Hafizullah Masoodi.
                                                                           .............Petitioner(s)

                                     Through: -    Mr. J.A. Kawoosa, Advocate.

                                                  v/s
State of JK & Ors.
                                                                           ..........Respondent(s)

                                     Through: -    Mr N.H. Shah, Sr AAG.

CORAM:
                     Hon'ble Mr Justice Ali Mohammad Magrey, Judge.

                                     ORDER

04.12.2019

01. In the instant petition, the petitioner prays for the following reliefs:

"(i) A Writ of Mandamus commanding the respondent No. 2 to grant permission in terms of Section 5 of the Jammu and Kashmir Preservation of Special Trees Act, 1969 and Rules made thereunder in favour of respondent No. 3 permitting the respondent No. 3 to fell/cut down Nine (9) Deodar trees mentioned in his application (Annexure-III) close to the petitioner's residential house situated at Upper Soura, Srinagar.

(ii) A Writ of Mandamus commanding the respondent No. 1 and

2 to pay compensation in favour of the petitioner as may be found adequate by this Hon'ble Court to compensate the petitioner and his family for mental pain, agony, stress and strain and resultant ailments suffered by the petitioner and his family members due to inaction of respondent No. 2 for last more than one and a quarter years i.e. after the enquiry is deemed to have been concluded with the communication OWP No. 2148/2017 Page 1 of 2 MP No. 01/2017 of Chief Conservator of Forests, Kashmir dated 27-09-16 (Annexure VII) making reference to the verification made by Divisional Forest Officer, Urban Forestry Division, Srinagar and Tehsildar Eidgah.

(iii) That any other writ or order as the Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be granted in favour of the petitioner and against the respondent No. 1 and 2."

02. In view of nature of relief sought coupled with the agreement of the parties, no useful purpose can be achieved by keeping the instant petition pending, therefore same shall stand disposed of with the direction to the Divisional Commissioner, Kashmir (Prescribed Authority under J&K Preservation of Specified Trees Act, 1969)-Respondent No. 2 to decide the application filed by the Respondent No. 3 in terms of Section 5 of the Jammu and Kashmir Preservation of Specified Trees Act, 1969 and Rules made thereunder, for allowing the Respondent No. 3 to fell/cut done nine (09) deodar trees close to the petitioner's residential house situated at Upper Soura, Srinagar and pass appropriate order thereupon in accordance with the law and rules governing the subject, expeditiously.

03. Writ petition disposed of as above alongwith connected IA(s).

(Ali Mohammad Magrey) Judge Srinagar:

December 4th, 2019.

"Hamid"