Jammu & Kashmir High Court
Ashish Sharma And Anr vs State Of J&K And Others on 16 March, 2020
Author: Rajesh Bindal
Bench: Rajesh Bindal
HIGH COURT OF JAMMU AND KASHMIR Sr. No. 4
AT JAMMU
PIL No. 19/2012,
CM No. 9092/ 2019, IA No. 251/2018,
CM No. 446/2020, CM No. 531/2020,
CM No. 782/2020, CM No. 783/2020
CM No. 727/2020, CM No. 735/2020
CM No. 767/2020, CM No. 878 /2020
CM No. 1152/2020, CM No.1156/2020
CM No. 1266/2020,CM No. 1339/2020
CM No.1388 /2020,CM No. 1396/2020
CM No.1181 /2020,CM No. 1182/2020
CM No. 1183/2020,CM No. 1184/2020
CM No. 1295/2020, CM No. 1373/2020,
CM No.1487 /2020,CM No.1488/2020,
CM No. 1491/2020, CM No. 1489/2020,
CM No. 1310/2020, CM No. 1467/2020
CM No. 1468/2020, CM No.1558 /2020
CM No. 1438/2020,CM No. 1439/2020
CM No.1471 /2020,CM No. 1594/2020
CM No. 1581/2020,CM No. 1599/2020
CM No.1479/2020,CM No. 1572/2020
CM No.1573 /2020,CM No. 1230/2020
CM No. 1589/2020,CM No. 1834/2020
CM No. 1249/2020,CM No. 1248/2020
CM No. 1928/2020,CM No.1900 /2020
CM No. 1938/2020,CM No. 1539/2020
CM No. 1814/2020,CM No.1541 /2020
CM No. 2010/2020,CM No. 1820/2020
CM No. 2012/2020,CM No. 2013/2020
CM No. 1951/2020,CM No. 1653/2020
CM No. 1654/2020,CM No. 1655/2020
CM No. 1826/2020,CM No. 1737/2020
CM No. 1739/2020,CM No. 1746/2020
CM No. 1753/2020,IA No. 167/2018
IA No. 243/2018,IA No.163 /2018
CM No. 7154/2019,IA No.37 /2018
IA No. 147/2017,IA No. 155/2017
CM No. 1534/2019[23/2019
IA No. 236/2018,IA No. 5/2017
IA No. 231/2018,CM No. 2320/2019
[37/2019]
c/w
PIL No. 7/2014
IA No. 2/2017,IA No. 1/2016
IA No. 62/2014
PIL No. 27/2014
IA No. 195/2014
Ashish Sharma and anr. ..... Appellant/Petitioner(s)
2 PIL No. 19/2012
Through :- Mr. S. S. Ahmad, Advocate and
Ms. Supriya Chauhan, Advocate and
Mr. Rahul Raina, Advocate
Mr. B.S.Salathia, Sr. Advocate with
Mr. Pulkit Chrangoo, Advocate
(in PIL No. 19/2012)
Mr. Dewakar Sharma, Advocate
(in PIL No. 07/2014)
Mr. S. S. Ahmad, Advocate
Ms. Supriya Chauhan, Advocate and
Mr. Rahul Raina, Advocate
Mr. B. S. Salathia, Sr. AAG with
Mr. Pulkit Chrangoo
(in PIL No. 27/2014)
V/s
State of J&K and others .....Respondent(s)
Through :- Mr. F. A. Natnoo, AAG
Mr. K. D. S. Kotwal, Dy. AG
Mr. Adarsh Sharma, Advocate
Mr. Vikrak Sharma, Advocate
Mr. M. A. Goni, Sr. Advocate with
Mr. Mumtaz Choudhary, Advocate
HON'BLE THE CHIEF JUSTICE
Coram:
HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
1. A compilation dated 12th March, 2020 has been filed by Mr. S.S. Ahmad, Advocate, who was requested to assist the Court in unraveling the confusion which has arisen in these PILs on account of overlapping of the issues which are the subject matter of consideration in PIL No. 19/2012, titled, Ashish Sharma and another, PIL No. 7/2014, titled, Dewakar Sharma and another vs. State of J&K and others and PIL No. 27/2014, titled, Inderjeet Khajuria vs. State of J&K and others, with regard to encroachments and un- authorized constructions. Mr. S. S. Ahmad, Advocate has painstakingly prepared 3 PIL No. 19/2012 and filed the compilation dated 12th March, 2020 (at page 322) pointing out the confusion which has resulted and reason for the same.
2. PIL No. 19/2012, titled, Ashish Sharma and another vs. State of J&K and others, was filed in the year 2012 highlighting the problems of sewerage in the Jammu city and mis-utilization of the funds intended for the disposal of the sewerage. In PIL No. 7/2014, titled Dewakar Sharma and another vs. State of J&K and others, the issue of encroachment on the banks of the river Tawi and extraction of minor mineral from the River Tawi, is the subject matter of this litigation. In PIL No. 27/2014, titled, Inderjeet Khajuria vs. State of J&K and others, the petitioner inter alia prays for completion of the project of the artificial lake in the river Tawi and laying down of Gandola project from Mubarak Mandi Complex to Bahu Fort.
3. The important orders which were passed in the matters of sewerage, which were brought to our notice include the orders dated 3rd August, 2012, 17th December, 2012, 2nd January, 2013, 14th February, 2013, 5th August, 2013, 24th March, 2014, 3rd April, 2014, 12th November, 2014, 12th May, 2015, 5th October, 2015 and 8th February, 2016.
4. It appears that after 8th February, 2016, the issues raised in PIL No. 19/2012 got eclipsed by the issues relating to rampant encroachments on the banks of river Tawi right from Nagrota to Phallian Mandal. This Court vide order dated 29th July, 2016, touched the issues which were the subject matter of PIL No. 27, 2014, titled, Inderjeet Khajuria vs. State of J&K and others and order dated 15th September, 2014 passed in PIL No. 07/2014, titled, Dewakar Sharma vs. State of J&K and others.
4 PIL No. 19/2012
5. In the order dated 29th July, 2016, directions were issued to the Divisional Commissioner, Jammu for constituting a committee for identifying and mapping the entire land along the banks of river Tawi right from Nagrota to Phallian Mandal. Identification of the nature of the encroachment, its timing and steps taken for removal of the encroachment were also directed.
This Court directed for filing of a comprehensive report with regard to the eviction of the encroachers, whose names figured in the status report dated 22nd July, 2015; preparation of a record of satellite imagery and also referred to the issues of extraction of minor minerals by directing the Geology and Mining Department and Sr. Superintendent of Police, Jammu to file comprehensive and detailed affidavits.
6. The issues which are required to be considered in PIL No. 19/2012, Ashish Sharma and another vs. State of J&K and others, PIL No. 07/2014, Dewakar Sharma and another vs. Sate of J&K and others and PIL No. 27/2014, titled, Inderjeet Khajuria vs. State of J&K and others thus are completely distinct and deserve to be kept in a separate compartments.
7. We may note that the petitioners in these matters may have tried to overlap some of the issues but there can be no manner of doubt that these three matters raise completely disjunct issues and in order to ensure effective consideration and outcome, it is essential that the matters are so treated.
8. From the report filed by Mr. S. S. Ahmad, Advocate, it is apparent that overlapping orders have also been passed on issues relating to PIL No. 7/2014 and PIL No. 27/2014 have been recorded in PIL No. 19/2014. In order to ensure clarity, it is essential to segregate these three matters.
9. In view thereof, it is directed that henceforth, there will be the following divisions of the consideration of the subject matters: 5 PIL No. 19/2012
(i) In PIL No. 19/2012, all issues relating to the problems of sewerage in Jammu City; treatment plan and discharge of its flowing;
allegation of mis-utilization of funds meant for disposal of sewerage; expenditure protection actually incurred; completion of the project within the time prescribed and the issue of the probe by the independent agency regarding the material used, payments made, the completion of the work and any other related issues.
(ii) In PIL No. 7/2014 all issues relating to encroachments around the river bed of Tawi and extraction of minor minerals from the river Tawi.
(iii) In PIL No. 27/2014, all matters relating to the completion of the project of Artificial lake in river Tawi; laying down of the Gandola project from Mubarakh Mandi to Bahu Fort; beautification of the areas and related issues.
10. The above three writ petitions shall be segregated and listed on the separate dates henceforth.
11. The Registry shall ensure that all the orders which have been passed in the matters after the filing of PIL No. 07/2014 and PIL No. 27/2014, shall be placed on both the writ petitions as well.
12. We also find that the applications seeking release of vehicles (Tractor Trally & Tippers) on account of their carrying minor mineral are being filed in PIL No. 19/2012. This has been erroneous exercise. These applications are being filed pursuant to a common order dated 17 th November, 2016 passed in the above public interest litigations. This order was actually supposed to be recorded only in PIL No. 07/2014, titled, Dewakar Sharma and another vs. State of J&K and others.
6 PIL No. 19/2012
13. The Registry shall henceforth not accept any application seeking release of vehicles in PIL No. 19/2012. Such applications are required to be made and considered in PIL No. 07/2014, titled, Dewakar Sharma and another vs. State of J&K and others.
14. We appreciate the work done by Mr. S. S. Ahmad, Advocate in preparation of the compilation assisted by Mr. Rahul Raina, Ms. Supriya Chauhan, Mohd Zulkarnain Choudhary, and Mr. Muzaffer Ali Shah, Advocates.
15. We find that in any matter in which different departments of the Government of UT of J&K are appointed, separate counsels are appearing for every Department. This is resulting in not only delay in filing the counter affidavits, but is also creating a lot of confusion in the hearing of the matters. It is sometimes resulting in contradictory stands on behalf of the Government as also unnecessary adjournments being sought on account of non-availability of one or the other counsels.
16. This is a matter which we have brought to the attention of the learned Advocate General repeatedly, who is unable to address this issue.
17. Let this order be placed before the Chief Secretary, Government of UT of J&K for taking a view in the matter and ensuring that the defence of cases on behalf of the multiple departments being impleaded as respondents in a single case is by one counsel as also representation on behalf of the Government in the Courts is streamlined.
18. Copy of this order be placed on the records of each of the three PILs.
(RAJESH BINDAL) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Jammu
16.03.2020
Karam Chand
KARAM CHAND
2020.03.17 18:01
I attest to the accuracy and
integrity of this document