Excelsior Correspondent
JAMMU, Mar 31: In a letter turned PIL regarding encroachment of nallah between Jeevan Nagar and Narwal Pain, Division Bench of High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar directed Secretary, Housing and Urban Development Department to file fresh status report. The Jammu Municipal Corporation and the Cantonment Board were also directed to undertake the exercise of removal of encroachment. The DB also made it clear that no other authority or Tribunal would entertain any application vis-à-vis removal of encroachment.
After hearing Advocate Abhinav Sharma for the PIL whereas AAG Seema Shekhar for State, Advocate SS Nanda for the JMC and Advocate NP Kotwal for the other respondent, the DB observed, “in response to the order dated 20.02.2014, a compliance report by the Secretary, Housing and Urban Development Department has been filed which discloses that direction has already been issued to the Municipal Corporation as well as the Cantonment Board for removal of encroachment as a first step to find everlasting solution for desilting and removal of garbage from the Landoi Choi Nallah”.
“We appreciate the efforts made by the Secretary, Housing and Urban Development Department by visiting the spot and finding a solution by issuing directions to the Municipal Corporation as well as the Cantonment Board and then giving a long term solution by suggesting the building of a single span bridge by replacing the present multiple structures”, the DB said, adding “it has been supported by the reasons that the garbage and debris flowing from the city side slows down near Jeevan Nagar and due to meandering action of the nallah these get entangled in the pillars of bridge and form a barrier to flow of water. The banks on both sides have been encroached by the local people. There is no way for JCB or any other vehicle to go inside the nallah to clear the garbage and it can be done manually only”.
After gone through the response, Division Bench directed Secretary, Housing and Urban Development Department to proceed with the execution of recommendation unfolded in the compliance report and file fresh status report on or before 25.04.2014.
The Division Bench hoped that by the adjourned date some progress would be made to implement the directions issued by the Secretary, Housing and Urban Development Department and also made it clear that as and when the Municipal Corporation or the Cantonment Board undertake the exercise of removal of encroachment then no other authority or Tribunal would entertain any application.
“If there is any grievance, the party aggrieved has to approach this Court only being the Custodia Legis. If there is requirement of any assistance for removal of encroachment, the Commissioner Municipal Corporation/Cantonment Board shall be assisted by the Director General of Police by deputing adequate force”, the DB directed.
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