Jammu & Kashmir High Court
Ganesh Dass And Another vs State Of J&K And Others on 7 October, 2020
Bench: Chief Justice, Rajesh Bindal
After Notice List
Sr. No.203
HIGH COURT OF JAMMU AND KASHMIR
ATJAMMU
WP(C) PIL No.31/2019
CM No. 5704/2019
(Through Video Conferencing
from Srinagar)
Ganesh Dass and another ...Petitioner(s)
Through: None.
v/s
State of J&K and others .... Respondent(s)
Through: Mr. D. C. Raina,
Advocate General with
Mr. Ayjaz Lone, Dy. AG for
Respondent Nos. 1 to 3.
(On Video conference from office at Srinagar)
CORAM:
HON'BLE THE CHIEF JUSTICE
(On Video Conference from residence at Srinagar)
HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
(On Video Conference from residence)
ORDER
07.10.2020 WP(C)PIL No.31/2019, CM No. 5704/2019
01. The issue of encroachment of forest land stands taken up in PIL No.25/2017.
02. An important fact which deserves to be noticed are the facts giving rise to the filing of this case. The writ petitioners have stated that they made written complaints to the official respondent nos. 1 to 4 of encroachment by respondent nos. 5 to 8 of more than 100 kanals of forest land falling under Forest Compartment 30/K 2 WP(C) PIL No.31/2019 falling in villages Mohra Brahmana, Krityal Simbal, Mohra Majjam and Dori Tehsil Kharah Balli District Jammu. The petitioners have stated that they approached the respondent no. 2, Divisional Forest Officer, Jammu requesting him to evict the encroachers from the forest land which belong to the general public.
03. The petitioners have placed on record a receipted copy of the representation (Annexure-I) by the petitioners made to the Divisional Forest Office, Forest Complex Dogra Hall, Jammu and served on 9th September 2018 on that authority. This was followed by other representations, copies whereof have been enclosed. No action appears to have been taken by the respondents.
04. Let the respondent no.2, Divisional Forest Officer, Jammu place on record the action taken in respect of the facts noted by us in para 2 above regarding the encroachment by respondents 5 to 8 in WP(C) PIL No.31/2019, namely, Jagan Nath & Yashpal, Sons of Amar Nath; Madan Lal, S/o Birbal, all three residents of Kartyal Simbal Tehsil Kharah Balli District Jammu; and Rani Ram S/o Gulla Ram R/o Majjam Dori Tehsil Kharah Balli District Jammu respectively.
05. The DFO, respondent no. 2 shall also place before us a report regarding the action taken on the representation (Annexure-I) received by him on 9th September 2018 submitted by Ganesh Dass, the petitioner No.1 in WP(C)PIL No.31/2019.
06. The petitionthus is concerned specifically with forest land measuring 100 kanals encroached by the respondents 5 to 8. The issues which arise for consideration are similar to the issues in PIL Nos. 19 & 25/2017 and these three writ petitions deserve to be heard together.
3 WP(C) PIL No.31/2019
07. It is directed that these three writ petitions shall be taken up together for hearing and adjudication.
08. List WP(C) PIL No.31/2019 along with PIL nos.19 & 25/2017 on 16th October 2020.
09. Copy of this order be provided to Mr. Ayjaz Lone, Dy. AG.
(RAJESH BINDAL) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Jammu
07.10.2020
Raj Kumar
RAJ KUMAR
2020.10.12 16:55
I attest to the accuracy and
integrity of this document