DM invokes 133 CrPC, directs Cantt Board to act promptly or face action

*AOC says prevailing situation gravely hazardous

Mohinder Verma
JAMMU, July 22: Viewing seriously the threat looming large over the strategically important Jammu Airport’s runway due to chocked and broken nullah and slackness on the part of the Cantonment Board, the District Magistrate Jammu, Simrandeep Singh today exercised powers under Section 133 of Code of Criminal Procedure (CrPC) and directed the Chief Executive Officer of the Board to immediately commence de-silting and repair work of the nullah or be ready to face penal action under Section 188 of the Ranbir Penal Code.
The EXCELSIOR in its edition dated July 20 had exclusively carried a news-item mentioning that Jammu Airport’s runway is facing threat from chocked and broken nullah, which carries sewage from different parts of city and flows beneath the southern side of the airstrip, as its de-silting and repair has not been carried out during the past more than one decade.
Since leaving the chocked and broken nullah in the present situation is fraught with the threat of damaging the runway during heavy rainfall, the Air-Officer Commanding (AOC), Air Force Station, Jammu submitted a petition before the District Magistrate Jammu seeking his intervention in initiating corrective measures.
“The situation is gravely hazardous and is compromising safety of aircrafts and passengers. Should a tragic event occurs—we will not be able to explain the inaction”, the AOC mentioned in the petition before the District Magistrate, adding the chocked and broken nullah inside the airport carrying untreated sewage and drainage from different parts of the Jammu city enters the Air Force Station from Satwari side and then flows beneath the southern side of the air strip of Jammu Airport.
In the petition, it has also been mentioned that the nullah forms a big pool of unhygienic floating garbage in the airport (near the air strip) that attracts a large number of birds in and around the airport, which poses serious threat to the safety of the flights.
After going through the petition of the Air Officer Commanding and taking serious note of the news-item carried by EXCELSIOR, the District Magistrate, Simrandeep Singh has considered the chocked/ blocked nullah and the entire garbage at the airport as an unlawful obstruction as well as public nuisance, which otherwise is required to be removed on regular basis by the concerned authorities responsible for such tasks, sources told EXCELSIOR.
Keeping these aspects in mind, the District Magistrate has exercised powers under Section 133 of Code of Criminal Procedure (CrPC) and issued notice to Chief Executive Officer, Cantonment Board, Satwari Jammu to be delivered by SHO Satwari Police Station, sources informed.
In the order, the District Magistrate has mentioned that airport is used by hundreds of visitors everyday as such the nuisance poses a threat to their safety and lives on daily basis. “It will not be out of context to mention that it had rained heavily on the night of July 16, just a day before the Prime Minister landed at the Jammu Airport and as such this public nuisance cannot be taken lightly/casually by the authorities even for a minute”, reads the order issued by the District Magistrate.
Dealing the matter under Section 133 of CrPC, the District Magistrate has asked the Chief Executive Officer of the Cantonment Board to immediately commence the de-silting and repair work of the nullah on war footing in view of the ongoing rainy season. He has also sought detailed action plan within next two days failing which the CEO will have to appear before the District Magistrate on July 27 to show cause as to why this order be not made absolute.
The CEO of the Cantonment Board has also been conveyed that failure on his part to comply with the order will invite penal action under Section 188 of CrPC.
It is pertinent to mention here that disobedience to order duly promulgated by the District Magistrate invites action which includes imprisonment up to six months or fine or with both.