Excelsior Correspondent
JAMMU, Dec 29: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today constituted an independent monitoring committee to keep an eye on implementation of directions issued in a Public Interest Litigation (PIL) highlighting illegal constructions on the banks of River Tawi and extraction of minerals.
After hearing battery of lawyers appearing from both the sides, DB observed, “it would be appropriate to constitute a monitoring committee of two independent members—one retired District Judge and another a retired Police officer at the rank of minimum Senior Superintendent of Police to keep vigil and regularly report to this court vis-à-vis the subject matter of the PIL and directions issued from time to time”.
“The committee will keep an eye on the implementation of directions in letter and spirit on the ground”, the DB said while appointing Ashok Koul, Registrar General of J&K High Court, who is retiring on December 31, 2016 and Parvinder Singh, former DIG, as members of the monitoring committee.
“In pursuance to the directions passed on previous dates of hearing two reports have been filed. As is coming forth from the report submitted by Senior Superintendent of Police Jammu, a good number of vehicles have been seized besides arrangements have been made to ensure implementation of directions of this court”, the DB observed.
“As per the second report submitted by the Commissioner Secretary to Government Tourism Department and Director Tourism Jammu, 277 hotels/lodges are running in Jammu city. Of these, 07 have been shown of A-Category, 42 of B-Category and 228 of C-Category. Only 13 hotels are stated to have installed STPs”, the DB said, adding “the JMC and JDA have not filed status report”.
“This has left the court with no option but to state that prevention of construction activity on either side of the River Tawi and prohibited areas cannot be left exclusively to the officers and officials of JMC and JDA. Despite direction, it appears that necessary action has not been taken, which concerned authorities/organization(s), within their domain, could have undertaken otherwise”, the DB observed.
“Due to lack of commitment on the part of concerned officers/officials, such matters are left to be brought to the court by general public. It is a fact of common knowledge that such illegal activities evoke little or no response from the officials. A person espousing public cause apprehends a retaliatory action from the violators”, the DB said.
The DB directed that the monitoring committee shall inspect the area(s) of the subject matter of PIL as far as possible and submit fortnightly reports to the Registrar Judicial, High Court of J&K, Jammu Wing, giving therein construction activity in the prohibited areas and all other activities undertaken in violation of court orders with necessary details like identity of the violator(s), nature of construction/violation, installation of STPs etc. “The committee shall also report the violation of any of the direction passed from time to time by making surprise inspections to river beds and check posts etc”, the DB further directed.
For smooth functioning and discharge of duties by the monitoring committee members, the Vice Chairman, Jammu Development Authority was directed to provide all facilities to the committee including office, stenographer and orderly and also the vehicles commensurate to their status within one week from today.
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