JAMMU : A Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan directed Jammu Development Authority to remove all debris of the demolished structures from River Tawi bed.
When the Public Interest Litigation came-up for hearing, the Division Bench observed that our attention is drawn to the order dated 28th December, 2016, whereby this Court had appointed a three member committee headed by Ashok Kumar Sharma, District and Sessions Judge (retired). We find from the record that the term of the Committee appears to have expired on 31st November, 2018.
The DB further observed that in as much as work of the Committee is not over and also given the importance of the suggestions being received from the Committee, we extend the term of the Committee for a period of one year from today on the terms and conditions as directed by order dated 28th December, 2016 whereby the Committee was appointed.
The DB further observed that our attention is also drawn to the report dated 1st December, 2018 filed by the Committee with regard to the violation of the ban imposed by this Court on new constructions in and around the Tawi river bed. In para-3 of the report, reference is made to an under construction residential house noted by the Committee on 22nd November, 2018. The Committee has informed the Jammu Development Authority as well as Divisional Commissioner, Jammu of the violation but no action has been taken. Let the Committee place before us the details of the violator. We shall consider initiation of contempt action against the persons and authorities, who have been found violating order dated 28th December, 2016. The Committee shall also place before us digital photographs.
The DB further observed that the report of the Committee shows that the directions issued on 17th November, 2016 for removal of illegal constructions/encroachments near and around river Tawi bed from Nagrota to Mandal Phallian remain uncomplied with. Majority of encroachments have remained intact and additionally, so far as 250 kanals of land retrieved at Nagrota has not been protected. The debris after demolition are still lying on the spot.
Upon this Division Bench directed Jammu Development Authority shall forthwith remove all debris of the demolished structures, particulars whereof have been set out in para 4 of the report filed by the Committee dated 1st December, 2018.
The DB also directed JDA to initiate process for fencing the land which has been retrieved after removal of encroachment for the time being. The steps shall also be initiated for the construction of boundary wall to ensure that the encroachments do not reoccur. The Jammu Development Authority shall forthwith take steps to comply with the directions issued on 17th December, 2016 to ensure that all encroachments and illegal constructions are forthwith removed.
The DB further said that while removing encroachment the entire exercise shall be photographed as well as video-graphed and report in respect thereof be placed on record and the boundaries of the land which is retrieved shall also be placed on the site plan(s) which shall be filed along with the report by the JDA.
The Division Bench also directed that Senior Superintendent of Police, Jammu as well as the Revenue Authority shall ensure cooperation and facilitate removal of encroachments by the JDA authorities. It also directed JDA to take strict action of any complaint received by it from the members of the Committee highlighting the illegal constructions.
