CS asked to appoint panel to decide complaints of encroachments
*Secretaries of deptts directed to appear in person
Mohinder Verma
JAMMU, Sept 11: Putting a big question mark on the functioning of the administration of the Union Territory of Jammu and Kashmir, Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Vinod Chatterji Koul has observed that authorities of the Forest and Revenue Departments are ‘assisting’ the encroachers in perpetuating their illegal acts on the public property.
Moreover, the Division Bench has directed the Chief Secretary BVR Subrahmanyam to immediately appoint a committee to decide complaints of encroachments on the forest land as the prevailing situation is causing irreversible and irreparable damage to the sensitive ecology and fragile environment in the UT.
The strictures against the Government particularly the authorities of the Forest and Revenue Departments have been passed by the Division Bench in a Public Interest Litigation (PIL) titled Save Animals Value Environment (SAVE) Versus J&K and Others.
After hearing Advocate Sheikh Shakeel Ahmed, counsel for the PIL, Senior Additional Advocate General S S Nanda, Deputy AG Ayjaz Lone and Advocate Sachin Gupta appearing for the Government departments through video-conference, the Division Bench headed by Chief Justice observed, “as back as on March 3, 2020, the Advocate General had informed this court that details of persons who are in unauthorized occupation of the forest land have almost been completed”, adding “we were also informed that the list could not be completed for the reasons that the revenue authorities had to assist in demarcation of land and thereafter identification of particulars of encroachers had to be effected”.
“More than six months have passed since passing of that order. The details are not being furnished before us. If the respondents were sincere and had taken action, the list at least of those persons who stood identified would have been filed”, the DB noted with serious concern.
The DB further said, “we had also directed the respondents to place before us a brief list of actions which had already been taken or supposed to be taken against the encroachers but this has also not been done”, adding “on March 3, 2020, we were informed that the list of court cases with regard to encroached forest land and orders, which have been passed therein, would be placed before us as it was stated that actions against the encroachers had been stayed by the orders of the court but even this has not been done”.
As the writ petition highlighting encroachments on the forest land is pending since 2017, the DB said, “the delays on the part of the Forest and Revenue authorities clearly suggest an attempt to assist the encroachers in perpetuating their illegal acts on public property”, adding “this is a serious matter and we are deeply pained on the failure to comply with the court order”.
Stating that entire matter is shrouded in secrecy and concealment, the DB remarked, “it appears to be encouraging and assisting usurpation of public property and the national wealth of our forests for dishonest individual interests”, adding “this situation is causing irreversible and irreparable damage to the sensitive ecology and fragile environment in this Union Territory as such cannot be permitted to be perpetuated”.
“The deficiencies in records and complete lack of transparency in availability of information are compounding the problem and illegalities are being perpetuated with impunity”, the DB further noted with serious concern.
As Deputy AG Ayjaz Lone sought further adjournment to comply with the last order, the DB said, “such opportunity can only be granted on conditional payment of costs”. Accordingly, DB granted one last opportunity to the respondents to comply with the order dated March 3, 2020 within one week subject to the payment of cost of Rs 25,000 which will be deposited with the Advocates’ Welfare Fund.
“The respondents shall place the full details of the encroachers and the encroachments on their official website within two weeks and the Secretary, Department of Forests and Secretary, Department of Revenue shall remain personally present in court”, the DB directed, adding “in case the compliance is effected, we will consider waiving the costs on the next date of hearing”.
The DB further directed that the copy of order dated March 3, 2020 and this order be placed before the Chief Secretary of the UT of Jammu and Kashmir, who shall appoint a committee with the time bound mandate of receiving and deciding all complaints of encroachments of forest land.
“The Chief Secretary shall ensure creation of a dedicated website of this committee and the constitution, appointment of this committee and details of website of the committee shall be widely circulated including by public notices in newspapers having wide circulation and on the Government websites”, the DB said.
The committee shall decide all complaints received by it, after notice to the complainant and alleged encroacher, within one month of the receipt of the complaint, extendable to two months for reasons to be recorded, the DB further said, adding “notices shall be served by the committee to complainants at the addresses disclosed in the complaint and on the encroacher at the encroached land/property”.
Moreover, the notices shall be additionally posted on the website to be maintained by the committee which shall be deemed to be sufficient notice to the parties. Hearings shall be accorded by the committee using the e-mode and for expediency facility of video calls for hearing may be utilized, reads the order, the copy of which is available with EXCELSIOR.
Proceedings and orders passed by the committee shall be communicated to the parties and posted on its website. Moreover, the Chief Secretary shall ensure provision of the necessary infrastructure, machinery and efficient working of the committee, the DB said, adding “it shall be responsibility of the Secretary, Department of Revenue as well as the Tehsildar concerned to furnish all information as has been sought by the Department of Forest immediately on its being sought”.
The DB made it clear that failure to abide by orders shall be treated very seriously and shall render the person/authority concerned liable under the Contempt of Court Act.
Even the Jammu Municipal Corporation was directed to place on record the further action taken report with regard to the construction of Modern Cattle Pond in Jammu.
Follow our WhatsApp channel
