Artificial lake, Gandola project, illegal mining, encroachments
Excelsior Correspondent
JAMMU, Mar 19: Division Bench of High Court comprising Chief Justice Gita Mittal and First Puisne Judge, Justice Rajesh Bindal today segregated three PILs concerning vital issues of Jammu City.
These PILs titled Ashish Sharma and Another V/s State of J&K & Ors; Dewakar Sharma & Another V/s State of J&K & Ors and Inderjeet Khajuria V/s State of J&K & Ors overlap issues of sewerage in Jammu city, non-completion of Artificial lake in River Tawi, non-commissioning of Gandola project, illegal mining in River Tawi and encroachments in River Tawi from Nagrota to Phallian Mandal.
“A compilation dated March 12, 2020 has been filed by Advocate Sheikh Shakeel Ahmed, who was requested to assist the court in unravelling the confusion which has arisen in these PILs on account of overlapping of the issues”, the DB said, adding “Advocate S S Ahmed has painstakingly prepared and filed the compilation, pointing out the confusion which has resulted and reason for the same”.
After referring important orders passed in the matters of sewerage ranging from August 3, 2012 to February 8, 2016, the DB observed, “after 8th February 2016 the issues raised in PIL No.19/2012 (sewerage in Jammu city) got eclipsed by the issues relating to rampant encroachments on the banks of River Tawi right from Nagrota to Phallian Mandal”.
“The issues raised in all the three PILs are completely distinct and deserve to be kept in separate compartments and from the report filed by Advocate S S Ahmed it is apparent that overlapping orders have also been passed on issues”, the DB said, adding “in order to ensure clarity, it is essential to segregate these three matters”.
The Division Bench after referring the compilation also clarified by observing, “We also find that the applications seeking release of vehicles (Tractor Trolley and Tippers) on account of their carrying minor minerals are being filed in PIL No.19/2012. This has been erroneous exercise”, adding “these applications are being filed pursuant to a common order dated 17th November 2016 passed in these Public Interest Litigations. However, this order was actually supposed to be recorded only in PIL No.07/2014 titled Dewakar Sharma & Anr V/s State of J&K & Ors and the Registry shall henceforth not accept any application seeking release of vehicles in PIL No.19/2012”.
The Division Bench further appreciated the work done by Advocate S S Ahmed in preparation of the compilation assisted by Rahul Raina, Supriya Chouhan, Mohd Zulkarnain Chowdhary and Muzzaffar Ali Shah.
The DB also took note of the repeated adjournments sought by separate State Counsel for filing the counter affidavits in the matters in which different departments of the Government of Union Territory of J&K are involved resulting in not only delay but also creating lot of confusion in the hearing of the matters.
“Let the instant order be placed before the Chief Secretary for taking a view in the matter and ensuring that the defence of cases on behalf of multiple departments being impleaded as respondents in a single case is by one counsel as also representation on behalf of the Government in the courts is streamlined”, the DB directed.”
The Division Bench after segregating the PILs heard the contentions of Senior Advocate B S Slathia with Advocate Pulkit Chrangoo appearing for the petitioners in PIL No.19/2012 (sewerage in Jammu city) and issued fresh directions to the Divisional Commissioner Jammu to forthwith ensure the compliance of the directions issued on July, 20, 2018.
The DB directed for the filing of the status report in this regard within three weeks from today and further directed the listing of the PIL on April 16. Senior AAG S S Nanda, AAG F A Natnoo, Dy AG K D S Kotwal and Advocate Adarsh Sharma appeared for the official respondents.
The Division Bench in PIL No.7/2014 titled Dewakar Sharma & Anr V/s State of J&K & Ors after hearing Advocate Dewakar Sharma petitioner in person and Senior Advocate M A Goni with Advocates Misba Amin and Mumtaz Choudhary, Advocate Vikram Sharma for private respondents observed, “despite prohibitory orders every day scores of applications are being filed before the Division Bench by the persons, whose vehicles (Tractor Trolley/Tipper) are being seized by the Police with mined substance”, adding “it appears that illegal mining is going on with impunity despite the prohibitory orders”.
The Division Bench while expressing its anguish over the illegal extraction of minor minerals from River Tawi directed that let the issue of illegal mining of minor mineral be examined by the Divisional Commissioner Jammu who may hold a meeting with the officers from the Geology and Mining Department, Inspector General of Police Jammu and any other concerned Departments and place before the court an action plan so as to ensure that there is no illegal extraction of minor minerals from River Tawi.
With regard to PIL No.27/2014 titled Inderjeet Khajuria V/s State of J&K & Ors, the Division Bench directed the State functionaries to file the latest status report with regard to the Artificial lake and laying down of the Gandola project.
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