Excelsior Correspondent
JAMMU, July 22: Division Bench of State High Court comprising First Puisine Judge Justice Ramalingam Sudhakar and Justice BS Walia today directed the State to take steps to check encroachment on the water bodies and rivers.
The direction was passed in a Public Interest Litigation (PIL) filed by Sonu Singh stating that SOS Harman Gminere School and SOS Children Village School have been constructed in a flood prone zone.
The petitioner said that the school is illegally occupying land measuring 80 kanals and 8 marlas which is Gair Mumkin River Tawi land, adding even the school has been constructed without seeking No Objection Certificate from Chief Engineer Irrigation and Flood Control, Jammu.
After hearing Advocate BS Soodan appearing for the PIL, DB observed, “the issue is serious as it concerns public at large and the students”, adding “Chief Engineer Irrigation and Flood Control Department despite a detailed representation dated 15.08.2015 made by the petitioner, has failed to take action”.
Division Bench further said, “we are not inclined to admit the petition for a roving enquiry. However, the petitioner has filed a detailed representation dated 15.08.2015 to Chief Engineer Irrigation and Flood Control Department, Jammu and to the Divisional Commissioner Jammu as well as Jammu Development Authority”, adding “it is for these authorities to consider the issue on its own merits as is relevant to their department. It is made clear that if any action is proposed to be taken against respondent (school), the respondent be put on notice so as to avoid allegation of violation of principles of natural justice”.
If the issue raised, namely that the school has been constructed without seeking No objection Certificate from the authority concerned and there is encroachment on the land near River Tawi, the revenue authority shall verify the same and take necessary action as per law to retrieve the land if the allegation is found to be correct”, the DB further directed.
Division Bench said that Government should also be aware that water bodies and rivers should be free from encroachment in any form to avoid calamities and disaster. In general, Commissioner/ Secretary, Revenue Department, Divisional Commissioner Jammu and Chief Engineer Irrigation and Flood Control Department have to necessarily ensure that there is no encroachment on the water bodies and rivers, the DB further said and directed Divisional Commissioner Jammu to file a report to the Registry within eight weeks from the date of receipt of copy of this order showing steps taken in this regard.
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