Fayaz Bukhari
Srinagar, Dec 17: Jammu and Kashmir High Court today warned the Divisional Commissioner and all Deputy Commissioners of Kashmir either to ensure implementation of statutory provisions and directions of Supreme Court regarding removal of encroachments on State land or face action.
Hearing a PIL on conversion of Agriculture land and encroachments over State land, High Court today warned Divisional Commissioner and all DCs to ensure that no encroachments are over the State land and file their compliance reports before the court.
Court had earlier directed the Divisional Commissioner to ensure implementation of statutory provisions Supreme Court regarding removal of encroachments from State land (Kahcharai land). Court had also observed that the Divisional Commissioners, will be personally responsible to seek implementation of statutory provisions and court directions. In this regard he was supposed to file compliance report.
“Despite directions, the Divisional Commissioner, Kashmir has not complied with the order as no compliance report has been filed”, said the bench.
Instead to proceed against the Divisional Commissioner for not complying with the court orders, court granted him final opportunity to comply with the court directions.
“At this stage, instead of proceeding against the Divisional Commissioner, we give him one final opportunity to comply with the court directions and file compliance report before the next date. In default, he shall appear in person before the court on next date of hearing”, court directed.
Court also directed, all the DCs of the Kashmir Division to explain as to why court directions have not been complied with. “They shall also be informed as to why they may not be proceeded against” said the bench.
Court directed, that all the DCs to comply the court directions, failing which court will proceed against them and Div Com to inform them about the court order.
“All the DCs of Kashmir shall comply with court directions, failing which contempt proceedings will be initiated against them. The Div Com, Kashmir to inform the DCs about the order of the court”, court directed.
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