For quite some time we have been noticing an alarming trend in our State in which the directives of the High Court are not shown due respect by the executive. Non implementation of orders and directives of the court normally call for action under the provision of contempt of court.
To elucidate the point that the State executive sometimes try to dilly-dally with this or that court order, let us cite a concrete example. We all know that there has been large scale encroachment of Tawi banks over a period of time. This encroachment has been reported as the cause for obstructing flood waters in the river Tawi whenever there are heavy rains. When the flow of water is obstructed, flood is the result and the resultant damages to life and property. This makes it essential to vacate the encroachments and allow water free flow. In a PIL, the Division Bench of the High Court ordered mapping of entire 30 kilometres of Tawi right and left bank between Nagrota and Phalian Mandaal. For some technical reasons the aerial mapping could not be done by Hyderabad based satellite institute and, therefore, Google mapping was done. It showed about 900 encroachments done on both sides of the River Tawi. Ironically, some Government departments were found to have grabbed some of this land clandestinely, leave aside private actors. The encroachers have formed a nexus to defy the orders of the court and not to vacate the encroachment. They will resist because their interests are attacked. But the irony is that some Government officials overtly and covertly lend their support and moral boosting to the encroachers and the administration become helpless in such a situation. All sort of political pressure is brought on the authorities not to touch the people who have grabbed the land. In spite of the fact that the court has clearly ordered eviction of encroachments, the concerned authorities are not taking any step towards that objective. The grapevine has it that there is political interference with the eviction of unauthorized constructions. Those with strong political clout manage to fritter away the orders of the court with the support from various Governmental agencies.
All that is needed is to file a case against each, file an FIR and make the defaulters answerable before the court of law. It is for the court of law to see whether these encroachments are legal or illegal and the court verdict will be issued accordingly. We entreat the Government to help the court of law in discharging its normal function of ordering eviction of illegal occupation of lands along the banks of the Tawi and pass on the details with the court order to the authorities in Jammu for implementation. Nothing should prevent the Division Bench from ensuring that its orders are implemented in letter and in spirit.
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