Excelsior Correspondent
JAMMU, Nov 10: Division Bench of the State High Court comprising Chief Justice N Paul Vasantha Kumar and Justice Tashi Rabstan has issued contempt notices to Chief Secretary B R Sharma, Commissioner Secretary Revenue M Ashraf, Commissioner Secretary PHE and Irrigation Sanjeev Verma, Commissioner Secretary Law Abdul Majid Bhat, Commissioner Secretary Finance Navin Kumar Choudhary, Divisional Commissioner Dr Pawan Kotwal and Chief Engineer Irrigation and Flood Control.
Through the notices they have been asked to respond as to why they may not be punished for committing contempt of the court.
The notices have been issued in a contempt petition filed by an octogenarian, Rattan Parkash, who submitted that Division Bench in a PIL titled Balbir Singh Versus State and connected CMA had directed the Government to frame a policy for safety, prevention and restoration of wetlands/marshland/flood channels as well as lands recorded as ‘khads’ in the revenue record as also for preserving the sanctity of river Tawi from being polluted by the waste and toxic water emanating from authorized/unauthorized colonies alongside river Tawi by including stringent and effective measures, positively within a period of two months.
“Two months time-frame was lapsed in April 2016 but the respondents have not framed a policy or scheme”, the petitioner submitted, adding “aggrieved persons had moved a representation to the concerned Minister with copies to most of the respondents apprising them of the situation and sought compliance of the judgment”.
“However, respondents have neither bothered to implement the judgment of the High Court nor passed any directives or orders which would permit issuance of Fards and thus permit the petitioner or people aggrieved who are hundreds in number, to either sell, buy, transfer or construct over such lands”, said Advocates A K Sawhney, Aseem Sawhney Utkarsh Pathania, Neeraj Singh and Ila Sharma appearing for the petitioner.
“There is a status quo passed by this court and the act of the respondents in not framing a policy within the time frame as provided by the court is contumacious”, they said, adding “the respondents have dared to challenge the majesty of the court by disobeying and not obeying the direction despite reminders in writing and personal visits of the people and other aggrieved land owners to the chambers of these respondents and even the Ministers”, they further submitted.
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