Excelsior Correspondent
JAMMU, Feb 19: In the much publicized Public Interest Litigation on land grabbing, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Dhiraj Singh Thakur today directed Chief Secretary to file response before the next date of hearing failing which he shall remain present in person to explain his conduct.
“On September 4, 2013 this Court had issued directions for divulging the name of land encroachers, However, till today the order has not been complied with nor the Chief Secretary has taken any stand with regard to the future course of action concerning the huge encroachment on the State land”, the DB said.
Taking serious note of the encroachment of JDA land at Gole Gujral, the DB observed, “despite notice issued on December 9, 2013 response has not been filed”, adding “if the response is not filed before the next date of hearing, Vice Chairman, JDA shall remain present in person”.
“It shall be ensured that JDA identifies the encroachers and places the list of encroachers before the Court along with details of officers who were on duty in the area”, the DB said and directed the Registry to list the PIL on March 18, 2014.
Earlier, it was submitted that information with regard to encroachments in Kashmir valley and revised information with regard to areas like Baramulla has been furnished in the Court in 10 volumes.
In an application filed by 71 alleged encroachers of JDA land at Gole Gujral, the DB permitted them to join as party respondents with the directions to the respondents to file objections before next date of hearing.
One Ram Krishan of Bhagwana Chak, Hiranagar also filed an application for intervening in the PIL on the ground that he has brought illegal/ unauthorized occupation of 189 kanals and 01 marla of State/ common land bearing Khasra No.1020/471,719,671,670,561,564,666, 665, 7 kanals and 5 marlas bearing Khasra No 25 (Shamshan Ghat), 36 kanals and 8 marlas bearing Khasra No 244 (Mafide-aam) and 8 kanals and 11 marlas bearing Khasra No 381 (Pond/Talai), situated at village Bhagwana Chak to the notice of Deputy Commissioner Kathua and Tehsildar Hiranagar but no action has been taken against the powerful encroachers.
“Till date the encroachment in question has not been removed as the encroachers are musclemen and resourceful person and are being shielded by the politicians and revenue officials”, the applicant said.
On this, AAG H A Siddiqui submitted that Deputy Commissioner would file affidavit after his personal visit to the spot. He will take all necessary steps for identification of the land and put suitable signboards on the sites. The entry to that effect will be also reflected in the revenue record and suitable action will be initiated against the encroachers.
Upon this, Division Bench directed Deputy Commissioner Kathua to file affidavit before the next date of hearing.
Advocate S S Ahmed with Advocate Suraj Singh appeared for the PIL, whereas Senior Advocate MA Goni with Advocate Ajay Singh Kotwal, Advocate RS Jamwal, Advocate S S Andotra for the applicants and Senior AAG Gagan Basotra and AAG HA Siddiqui for the State. Advocates Mohsin Bhat and Asheesh Singh Kotwal appeared for the private respondents.
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