Removal of encroachments along River Tawi from Nagrota to Mandal Phallian
JDA puts ball in court of Revenue Deptt, JMC, Police
Mohinder Verma
JAMMU, Dec 13: There is no end to the blame-game on removal of encroachments near River Tawi from Nagrota to Mandal Phallian despite repeated directions from the Division Bench of State High Court for effective coordination among all the concerned agencies. Due to this, nobody knows when appropriate action will be taken against the encroachers, who otherwise are reluctant to show voluntary compliance to the orders of the highest court of the State.
In its order dated December 3, 2018, the Division Bench of the State High Court headed by Chief Justice Gita Mittal had directed the Jammu Development Authority to forthwith take steps to comply with the order dated December 17, 2016 to ensure that all the encroachments and illegal constructions are removed immediately.
The DB had also directed the Senior Superintendent of Police Jammu as well as the Revenue Department to ensure cooperation and facilitate removal of encroachments by the JDA authorities.
However, JDA in its status report placed before the DB today put blames on the Revenue Department, Jammu Municipal Corporation and Police for its inability to remove encroachments and illegal constructions along the banks of River Tawi right from Nagrota to Mandal Phallian.
“After transfer of the Nazool/State land from time to time in favour of JDA, the demarcation was not carried out by the Revenue Department although issue was raised before the concerned authorities from time to time”, said the status report, the copy of which is available with EXCELSIOR, adding “on the directions of the High Court the concerned field staff of JDA conducted recce of the area in and around River Tawi bed and it was found that a major part of the State land is yet to be demarcated and handed over to the JDA as such no action on ground could be taken”.
Putting blame on the Jammu Municipal Corporation also, the status report said, “area under reference along River Tawi bed where illegal constructions have been raised over a period of time falls within the limits of Jammu Municipal Corporation, which is responsible to monitor and take action against the violators of J&K Control of Building Operation Act”, adding “since the part of land in question also comes under various survey and Khasra numbers notified by the Government to be transferred to JDA, the matter has been taken up with the concerned police authorities for registration of FIRs against the encroachers”.
“In the areas like Belicharana, Majeen, Asrabad and Rangoora where illegal encroachments of State land have taken place adequate police assistance is required for carrying out anti-encroachment drives”, the status report of JDA said. However, it has not been mentioned as to whether police assistance was denied whenever request for launching anti-encroachment drive was made.
The report further said, “as soon as the demarcation is carried out by the territorial revenue authorities of Jammu district, it would facilitate the identification of illegal occupants/encroachers of JDA land and enable the Authority to evict them”.
It has further been submitted that out of 12401 kanals and 14 marlas of land notified by the State Government to be transferred to JDA in and around Tawi River from Nagrota to Mandal Phallian, only 4527 kanals and 17 marlas have been demarcated by the concerned authorities of the Revenue Department so far.
“The JDA is not in a position to initiate action against the encroachers under J&K Public Premises (Eviction of Unauthorized Occupants) Act as the areas under reference are yet to be demarcated and formally handed over”, the report said.
“This has clearly established that there is no effective coordination between all the concerned agencies and blame-game continues even after passing of numerous directions by the High Court since December 2016”, sources said.
They further said, “it seems that either the administration is lacking will or intentionally not coming forward for removal of encroachments”, adding “the status report of the JDA expressing inability to remove encroachments clearly indicates that the meetings of JDA, JMC, Revenue Department and Police convened by the Divisional Commissioner Jammu from time to time were only aimed at misleading the High Court and not to achieve the intent behind the PILs filed by Advocate Dewakar Sharma and Ashish Sharma.
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