Excelsior Correspondent
JAMMU, Dec 20: In the much publicized Niki Tawi violence case, Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal today directed the Jammu Municipal Corporation and Jammu Development Authority to file report regarding action taken on the findings of the enquiry officer.
When the matter came up for hearing, the DB observed, “2nd Additional District and Sessions Judge Jammu has submitted report dated October 29, 2019. In the report, the claim of Vice Chairman, JDA is negated by the statement of Sushma Chauhan, Deputy Commissioner, Jammu that land has been transferred to JDA in Khasra No.235”.
“The JDA has to take coercive steps to fence the open vacant land so as to avert any fresh incident of encroachment and also stop ongoing constructions, if any, on the encroached land”, the DB said, adding “the land under occupation of the petitioners is as per the claims raised by them in the writ petition OWP Nos. 106/19 and 107/19 and there is no exaggeration on this aspect as per report of Deputy Commissioner, Jammu and all the petitioners are illegal occupants of the JDA land/State land/Tawi land”.
“It appears that it is the JDA which has to take a view in the matter as also effective steps regarding removal of encroachments and protection of the land which has been transferred to it”, the DB said and also directed the Government of Union Territory of J&K to examine the report of the enquiry officer and take a view in the matter.
On this, Senior Advocate S S Nanda appearing for JMC and Adarsh Sharma, counsel for JDA sought time to examine the report and place a status report regarding the action to be taken with regard to the findings of the enquiry officer. The DB, while granting time, said, “such exercise shall be positively completed and status report shall be placed before the court before the next date of hearing”.
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