Seeks appearance of SSP, CE, Director
Excelsior Correspondent
JAMMU, Aug 29: In the much publicized Public Interest Litigation (PIL) highlighting various issues involving the conservation/preservation of River Tawi, Division Bench of State High Court comprising Justice Tashi Rabstan and Justice BS Walia today rejected the compliance report submitted on behalf of Divisional Commissioner and took serious note of inaction on the part of Deputy Commissioner Jammu.
After hearing battery of lawyers, the DB observed, “Deputy Commissioner, Jammu had filed the compliance report on July 17, 2017 along with the statement showing details of encroachments along the banks of River Tawi with tehsil-wise break-up but he has failed to show what action has been taken by him in respect of these encroachments even after issuance of notices to the encroachers and land grabbers”.
“The compliance report filed on behalf of Divisional Commissioner, Jammu on July 26, 2017 is nothing. The report seems to have been filed just to mislead the court. Accordingly, the same is outrightly rejected”, the DB said.
After going through the status reports/compliance reports of different Government agencies in respect of the encroachments/unauthorized construction along the banks of River Tawi, the DB observed, “what transpires is that the directions passed by this court on previous dates have not been complied with in letter and spirit”.
Accordingly, DB directed Senior Superintendent of Police, Jammu to depute requisite force as and when the members of the Committee, constituted by the court, go for inspection of the subject matter of present PILs. Division Bench also directed SSP to file the status report indicating what steps have been taken by the police agency with respect to the violations and encroachments being made along the banks of River Tawi as well as illegal mining being carried out in River Tawi as pointed out by the members of the Committee constituted by the court. He was further directed to remain present in the court on the next date of hearing.
Even Chief Engineer, PHE, Irrigation and Flood Control and Director, Geology & Mining were directed to appear in person on the next date of hearing. They have also been directed to file separate affidavits indicating the compliance of directions passed on various previous dates as well as the action taken report besides to explain why they are not cooperating with the police agency.
The Director, Geology & Mining and SSP were further directed to file the status reports indicating what steps have been taken by them for setting-up check posts on the banks of River Tawi to prevent the illegal mining and minerals by unscrupulous elements.
Division Bench also directed Divisional Commissioner to file detailed and up-to-date compliance report in terms of previous orders failing which he shall appear in person on the next date of hearing.
The PILs have been filed by Advocates Dewakar Sharma and Ashish Sharma.
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