DB directs Div Com to resolve dispute within 10 days

Demarcation of 97 kanals land at Nagrota for cattle pound

Excelsior Correspondent

JAMMU, Oct 24: Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma has directed the Divisional Commissioner Jammu to convene a meeting within a period of 10 days between the Revenue Department and Forest Department to ensure resolution of the demarcation dispute with regard to the land identified for starting a cattle pound at village Seri Khurd in tehsil Nagrota.
“While Panchayat Elections may be necessary, the Divisional Commissioner Jammu ought to spare some Revenue officers with a view to ensure the resolution of the demarcation dispute between the Revenue and the Forest Department”, the DB added.
These directions were passed in the open court in the much publicized Public Interest Litigation (PIL) filed by SAVE (Save Animal Value Environment) an NGO Working For Welfare of Animals through its Chairperson Devinder Kaur Madaan alias Rumpy Madaan seeking closure of 59 illegal/unregistered milk dairies running within the limits of Jammu Municipal Corporation. The PIL further seeks establishment of a cattle pound for stray animals.
When the PIL came up for hearing, Advocate Sheikh Shakeel Ahmed submitted that according to the latest status report filed by Divisional Commissioner, Jammu out of 97 Kanals and 11 Marlas land falling under Khasra No.35 at village Seri Khurd (Nagrota) land measuring 42 Kanals and 11 Marlas was handed over by the Revenue Department to the Jammu Municipal Corporation in presence of the representative of Divisional Forest Officer Jammu on September 28, 2018.
He further submitted that this court had already directed the Divisional Commissioner Jammu vide its order dated September 24, 2018 to convene a meeting of all the stakeholders including the Forest Department to resolve the demarcation dispute raised by the Forest Department.
“Instead of resolving the matter it appears from the status report that the Deputy Commissioner Jammu has intimated the Divisional Commissioner Jammu that 42 Kanals of land was sufficient to start a cattle pound. AS 97 Kanals and 11 Marlas land had been identified for cattle pound there appears to be no reason to deprive JMC from the land solely on the basis of dispute raised by the Forest Department”, he said.
Even Municipal Veterinary Officer who was present in person apprised the DB that 42 Kanals of land is not sufficient and since approximately 2200 animals might have to be shifted into this cattle pound, therefore, the land is urgently required.
After considering the submissions of Advocate S S Ahmed, DB directed the Divisional Commissioner Jammu that in his status report he shall also reflect as to what steps have been taken by the department for making the cattle pound functional over the land in question in the interregnum.
Senior Advocate M K Bhardwaj with Advocate Vasu Dubey appearing for private dairy owners submitted that the State Pollution Control Board has no jurisdiction in issuing the NOCs to the milk dairies. At this stage, Advocate S.S. Ahmed invited the attention of the Division Bench towards the affidavit filed by Member Secretary J&K State Pollution Control Board, Brij Mohan Sharma wherein it was categorically submitted that dairy units have been included in the UCM on the basis of Pollution Potential as red category industry thus making it mandatory for such units to obtain consent of the Board.
At this stage, the Division Bench directed the Member Secretary Pollution Control Board to file a set of regulations before the next date of hearing for due compliance by the dairy owners.

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