Excelsior Correspondent
JAMMU, June 12: In a significant order, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today appointed former Revenue Secretary Sain Dass Sharma and Advocate Sheikh Shakeel Ahmed as Court Commissioners to submit a report with regard to the encroachment of a nallah / khad situated at Santokh Vihar, Kalu Chak.
The DB directed both the Commissioners to submit their report within a period of three weeks from today. The Division Bench further directed that the Court Commissioners can seek the assistance of the revenue agencies upon a request made to the Deputy Commissioner Jammu in this regard.
These directions were passed by the Division Bench in a contempt petition filed by Balbir Singh, who alleged that directions given by Division Bench on July 10, 2014 in WPPIL No. 19/2014 titled Balbir Singh Vs State of J&K are being violated. Vide this order, the DB had stayed the construction in the areas of water body and had also put a ban on the sale of land recorded in the revenue records as ‘Khad’.
After hearing Senior Advocate K S Johal with Advocate Shahla Rafiqi appearing for the petitioner whereas AAG L K Moza and Deputy AG Parimoksh Seth for the State and Advocate Aseem Sawhney appearing for private respondents, DB observed, “it is alleged that Irrigation and Flood Control Department in gross violation of the DB order started laying down crates on the embankment of the nallah/ khad and thereafter started raising construction over it”, adding “senior Advocate K S Johal has submitted that this was done through the agency of the official respondents particularly the Police authorities for the benefit of the private respondents namely Vijay Kumar Duggal and Varinder Kumar Duggal”.
On the other hand, AAG LK Moza and Deputy AG Parimoksh Seth appearing for the Irrigation and Flood Control Department alleged that the petitioner has not come to the court with clean hands and he himself has constructed a house over the nallah coming from Greater Kailash side and therefore no action ought to be taken based upon his allegations in the contempt petition.
“With a view to ascertain the actual position on spot, it becomes necessary to appoint Court Commissioners to see as to whether there has been any encroachment on the land, which otherwise was prohibited to be constructed upon in reference to the general directions passed in the PIL”, the DB said.
Trending Now
E-Paper
Follow our WhatsApp channel