Excelsior Correspondent
JAMMU, Dec 29: In a contempt petition highlighting non-implementation of judgment vis-à-vis Gair Mumkin Khads and framing of water policy, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed Commissioner/Secretary, Public Health Engineering Department to appear in person along with status report on next date of hearing.
After hearing Advocate Aseem Sawhney appearing for the contempt petition whereas Deputy AGs Ehsan Mirza and Ranjeet Singh Jamwal appearing for the State, the DB observed, “as the order of this court has not been complied with, the Secretary to Government, PHE Department is directed to appear in person along with the status report on next date of hearing”.
It is pertinent to mention here that a PIL was filed by one Balbir Singh seeking implementation of the J&K Water Resources (Regulation and Management) Act 2010, which was disposed of by the DB with the direction to the State to frame Water Policy and Plan/Scheme in terms of the Act 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.
It was brought to the notice of the DB that two months time-framed lapsed in April 2016 but the respondents have not framed a policy or scheme. “This compelled several aggrieved persons/ land owners (including petitioner) to move a representation to the Minister with copies to most of the respondents apprising them of the situation and sought compliance of the judgment”, the counsel for the contempt petition said.
“The respondents have not bothered to implement the judgment of the High Court”, he said, adding “the act of the respondents in not framing a policy within the time frame as provided by the court is contumacious and therefore the respondents have dared to challenge the majesty of the court”.
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