Excelsior Correspondent
JAMMU, Nov 13: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan today directed the State to ensure that no encroachment takes places in river Tawi bed and those already taken place should be removed immediately.
The direction was passed in two Public Interest Litigation (PILs) filed by Jammu Consumer Council and Advocates Deewakar Sharma and Raman Sharma as founder member of Save My Tawi Campaign.
In pursuance of order dated September 23, 2014 passed by this court, a Status report on behalf of the Forest Department was filed highlighting the steps taken and the mechanism adopted for removing encroachment alongside the river Tawi.
According to the status report filed by the Divisional Forest Officer, Jammu Forest Division Dr V S Senthil Kumar, encroachment from the areas of 7582 Kanals and 18 Marlas has been removed.
State counsel pointed out that the operation for removing the encroachment was still in progress in Jammu division as well as in other areas. “There may be some land which falls within the jurisdiction of Jammu Development Authority. However, there is ample power with the State Government to issue direction to Jammu Development Authority so as to enforce the law by removing the encroachment. If such a necessity arises then the State Government may issue appropriate direction to Jammu Development Authority”, he submitted.
After hearing both the sides, DB directed that the encroachment from other areas may also be removed. “Let status report with regard to further removal of the encroachment be filed before the next date”, the DB said.
In another PIL filed by Save My Tawi Campaign, Division Bench observed. “some issues have been raised. One of the important issues pertains to the land reclaimed alongside the river Tawi, which falls within the local limits of Jammu. The State Government has entrusted the land to Jammu Development Authority to develop the same and in the written statement filed by Jammu Development Authority, it has been stated that the land was given to them for development purposes. However, the Jammu Development Authority has carved out a park and has named it as ‘Maharaja Hari Singh Park’ on the area of 37 Kanals by developing lawns, pathway and joggers’ Park”.
“A commercial site of 8 Kanals for construction of hotels has also been carved out which obviously is not the purpose of allocation of this land to Jammu Development Authority. In any case, Mr Sethi, counsel for the petitioner, has pointed out that total area of land allocated to ‘Maharaja Hari Singh Park’ is much smaller than it is projected”, the DB said.
While appointing Advocate S S Ahmad as Court Commissioner, DB directed that he shall give the distance between the river Tawi and the hotel site so that the court may examine the safety angles by permitting such a construction.
“The Court Commissioner may visit the site within two weeks by intimating the authorities like Jammu Development Authority, Deputy Commissioner, Jammu or any other authority which the Court Commissioner may deem fit”, the DB said and made it clear that in the meanwhile, no steps be taken to auction the proposed site for the construction of hotels.
About the number of butcheries across the banks of river Tawi, which result in contaminating the water, the DB observed, “counsel appearing for the respondent has pointed out that some thinking is in progress to include rivers of the State under the National River Conservation Plan which is a Centrally sponsored scheme”, adding “if that be so, then the proceedings with regard to including the rivers of State under the scheme be filed before the next date of hearing”.
The DB further directed the State Government to ensure that no encroachment takes place in the river bed and if any encroachment has taken place, the same be removed.
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