Excelsior Correspondent
JAMMU, July 18: In the much publicized Public Interest Litigations (PILs) filed by Advocates Dewakar Sharma and Ashish Sharma highlighting various issues involving the conservation and preservation of river Tawi, Division Bench of State High Court comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta today directed Senior Superintendent of Police (SSP) Jammu to file Action Taken Report (ATR) with regard to previous directions.
When the matter was taken-up, Division Bench observed, “an application has been filed seeking permission for construction of mega/major projects”, adding “even some vulnerable spots along the banks of river Tawi/nallahs have been identified needing immediate plugging by constructing flood protection works to save valuable life and property of the public”.
The spots where flood protection works require to be completed to avert any kind of loss to public and private property are construction of protection work on L/S of Nikki Tawi at villages Belicharana, Khandwal, Lalyal, Jassore and Badyal Brahmana, construction of protection work on R/S of River Nikki Tawi at villages Karnala Chak, Surya Chak, Sardara Chak, Top Manhasan, Jawalapuri and Murarpur, construction of protection work in Waddi Tawi at villages Dathrayal, Kukerian and Karnala Chak, constructiuon of protection works at critical spots at Balole Nallah Aik, Sumbli, Khara Madan and in Marh Block and construction of protection work on left and right banks of river Tawi D/S of Katal Batal up to U/s of Sidhra Bridge under NABARD.
Given urgency expressed by applicants/State Division Bench allowed the applicants to raise construction(s). However, it was made clear that instant order/direction is an exception and cannot be permitted to be made use of as precedence by others to follow and come up with similar motions seeking akin type of relief(s).
Divisional Commissioner Jammu who along with Deputy Commissioner Jammu was present in the court submitted that he will file compliance report to the order dated May 1, 2017 whereby Division Bench had directed State to identify all constructions coming and falling on either side of river Tawi from its fringe line either Government or individual, whether such construction/s is/are authorised/unauthorised and prepare a list of such constructions so that such constructions are removed and those constructions, which are authorised one, are compensated and rehabilitated at some other place.
“In terms of order dated May 1, 2017, the committee constituted by this court has filed a report contending that it has visited the area of the subject matter of the petitions including the villages of Katal-Batal, Baba Surgal, Bajalta, Nagrota, Sidhra, Peer-Kho, Gujjar Nagar to Beli Charana and area near 4th Bridge at Bhagwati Nagar”, the DB observed, adding “the committee during inspection of Tawi area at Bhagwati Nagar near Sewerage Treatment Plant on June 21, 2017, found two trolleys loaded with sand collected from the middle of the river and that the minor minerals were also being extracted and carried on the ponies”.
“The committee has submitted that the authorities concerned have not implemented in letter and spirit the directions/orders passed by this court. In this background, it would be appropriate to direct Senior Superintendent of Police Jammu to file detailed compliance of the previous directions and also Action Taken Report”, the DB said.
The Division Bench also directed Senior Superintendent of Police Jammu to appear in person on next date of hearing along with compliance/ Action Taken Report. Even Divisional Commissioner was directed to file response to the report of the committee.
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