Fayaz Bukhari
SRINAGAR, Mar 14: The Jammu and Kashmir High Court has sought personal appearance of all the Deputy Commissioners’ of the State as they failed to filed Action Taken Report (ATR) against those people who changed use of Agriculture land in their respective districts.
A Division Bench of Jammu and Kashmir High Court comprising Justice Hasnain Masoodi and Justice Dhiraj Singh Thakur directed all DCs of the State to remain present on next date of hearing in case compliance report is not filed.
“Having regard to track record of all the DCs in delaying compliance, we would be constrained to direct their personal appearance, in the event compliance report is not filed within the given time frame” reads the court order.
The Division Bench expressed concern over the practice of making statement with regard to readiness of reports on the day the matter is listed before the bench. “The practice of making a statement on the day the matter surfaces before the bench regarding availability of the information stands in the way of effective proceedings. Such a practice is to be discontinued”, said the bench
The Court passed these directions after the Deputy Advocate General Nissar Hussain Shah stated that he has received information from some DCs of Kashmir Division indicating the action taken against the violators of law, and proposed to file their affidavits today.
However, the submission made by the State counsel was opposed by amicus curie Advocate Jehangir Iqbal Ganaie. He said that the respondents were explicitly asked on previous date of hearing to file affidavits with an advance copy to him so that he would be in a position to deal with the details provided by DCs and formulate his response.
Court directed State to file compliance report during the course of week. Last month Court had directed all DCs’ across the State to file ATR against those who have constructed houses and commercial complexes on agriculture land.
The bench was hearing a PIL seeking direction against the conversion of Agriculture land into residential purpose across the State.
The last month court direction to the DCs’ reads: “The Status report should indicate as to what action has been taken in terms of law for removal or demolition of constructions raised in violation of law.”
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