Jammu & Kashmir High Court
Dewakar Sharma And Anr vs State Of J&K; And Ors on 21 February, 2018
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No.1
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WPPIL No.7/2014
MP Nos. 2/2017, 62/2014, 1/2016
Date of order: 21.02.2018
Dewakar Sharma and anr v State of J&K and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
Appearance:
For the Petitioner(s) : Mr Sunil Sethi, Sr. Advocate with
Mr Dewakar Sharma, Advocate.
For the Respondent(s) : Mr W.S.Nargal, Sr. AAG.
Mr Ehsan Mirza, Dy AG.
Mr Ahtsham Bhat, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
The status report submitted on behalf of the Senior Superintendent of Police, Jammu in WPPIL No. 19/2017 that should have actually been filed in the present writ petition, does not provide a complete answer to the issues which have been raised in our order dated 01.11.2017. (A copy of that compliance report be filed in the present writ petition also). This is particularly with regard to the installation of two additional check posts. The learned counsel appearing on behalf of the Geology and Mining Department has categorically stated that insofar as the river Tawi is concerned, the extraction of any minor minerals or other materials is completely banned. It is obvious that any extraction that is taking place is illegal. The material extracted is transported in vehicles. It is difficult to understand as to why the vehicles whether they are trucks or the other vehicles are permitted to go onto the river bed for the purposes of extraction and that the only WPPIL No.7/2014 Page 1 of 2 vehicles which are seized are those which are carrying the extracted material. This obviously points to the deficiency in policing. Several approaches can be undertaken, for example, installation of CCTV cameras on the entry and the exit points. The Senior Superintendent of Police, Jammu shall identify the entry and exit points and consider the possibility of setting up CCTV cameras connected to a nearby control room.
A direction was also given for eviction of all the encroachers who have already been identified. The affidavit does not give us a clear picture with regard to that either. A detailed compliance report be submitted within three weeks.
Re-notify on 06.04.2018.
(Ali Mohammad Magrey) (Badar Durrez Ahmed)
Judge Chief Justice
Jammu
21.02.2018
Pawan Angotra
WPPIL No.7/2014 Page 2 of 2