DB imposes cost of Rs 1 lakh on XEn

Excelsior Correspondent

JAMMU, Mar 14: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today disposed of  a contempt petition with a direction to Nazir Choudhary, Executive Engineer, Irrigation and Flood Control Department, Satwari Cantt to pay Rs one lakh to the petitioners as costs/compensation within a period of three weeks from today.
While disposing of the contempt petition, Division Bench observed, “on 12.02.2016, this court had directed the State respondents to frame State Water Policy and Plan/Scheme in terms of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 for safety, prevention and restoration of wetlands/marshland/flood channels as well as lands recorded as ‘khads’ in the revenue record as also for preserving the sanctity of river Tawi from being polluted by the waste and toxic water”.
“Till such time it was directed that order dated July 10, 2014 and status-quo with respect to such lands/khads shall remain in force”, the DB said, adding “the contempt petitions have been filed on the ground that respondents in sheer violation of the direction have demolished the structure as well as pillar raised by two petitioners”.
“Although the official respondents have admitted part demolition of the structure, subject matter of present contempt petition, yet they have tried to justify the same. Official respondents have also placed on record estimate cost of repair amounting to Rs 92,191 for the demolished structure, which has been verified by the Executive Engineer, Flood Control Division, Jammu”, the DB said and directed the Executive Engineer to pay Rs one lakh (Rs 50,000 each) to the petitioners as costs/compensation within a period of three weeks from today.
Advocate Aseem Sawhney appeared for the applicants.

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