*Expresses concern over unchecked flow of effluent
Excelsior Correspondent
JAMMU, Nov 17: In a significant judgment, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the State to immediately stop extraction of minor minerals from River Tawi and constructions on its banks either by the private persons or by the Government agencies. Moreover, directions have been issued for removal of illegal structures in a time bound manner.
When the Public Interest Litigation (PIL) highlighting encroachment on banks of River Tawi came up for hearing, Division Bench observed, “as per earlier direction Jammu Municipal Corporation as well as Commissioner/Secretary to Government, Industries and Commerce Department have filed compliance reports”, adding “though implementation of certain directions has begun yet a lot is still in the way to be undertaken by the respondents to achieve the sacrosanct aim of the PIL and most especially the spirit of order”.
Division Bench directed the State to immediately stop extraction of minor minerals from River Tawi till further orders and as regards extraction of minor minerals from other rivers/ nallahs, Senior Superintendent of Police Jammu shall deploy manpower around the sites where from extraction of minor minerals is undertaken to check illegal extraction.
“The SSP shall seize vehicles carrying/transporting extracted minor minerals without permission/challan from the concerned authority. It is made clear that seized vehicles shall not be released by any court/ authority, unless directed by this court”, DB said, adding “no extraction shall be permitted between 6 pm to 6 am in respect of rivers and nullahs other than River Tawi”.
About constructions on River Tawi bed/shores, Division Bench directed that all kind of constructions either being carried out by the Government or by any individual shall be immediately stopped.
“It appears that direction at sub-para (b) of paragraph 10 has neither been complied with nor any status report qua the direction is submitted. Therefore, respondents in continuation to and in furtherance of direction 10(b) contained in order dated July 29, 2016, are directed to remove all illegal constructions from River Tawi bed and submit action taken report on next date of hearing”, the DB further directed, adding “State shall also identify all constructions coming and falling on either side of River Tawi, from its fringe line, either Government or individual, whether such construction/s is/are authorised/unauthorised, and prepare a list of such construction/s, so that such constructions are removed and those constructions, which are authorised one, shall be compensated and rehabilitated at some other place, as has been done in case of Dal Lake dwellers”.
“The list of all such constructions shall be prepared within 15 days from today and thereafter the process for removing and rehabilitation shall be undertaken within a month’s time”, the DB further directed.
After hearing Senior Advocates BS Slathia, Sunil Sethi and Advocate Abhinav Sharma appearing for the PIL, Division Bench directed that after undertaking the process of preparation of list of construction/s and removal thereof, the vacant land shall be handed over to Parks and Gardens Department for beautification of the River Tawi bed.
The Jammu Municipal Corporation was directed to submit a detailed report about the Sewage Treatment Plants (STPs) installed in and around the Jammu city as also the list of plants on the River Tawi bed for sewage treatment. “We should not forget that Jammu is a City of Temples. We have been seeing and observing that countless hotels, guest/lodging houses, have come up in the city for last two decades and effluent is also flowing into River Tawi, which adds towards deterioration of river”, the DB observed.
“The registration and setting up of hotels is generally handled by Government through its Tourism Ministry/Department. In that view of the matter, it becomes necessary to array the Tourism Department as party respondent in these PILs”, the DB said.
Accordingly, Commissioner/ Secretary to Government, Tourism Department and Director, Tourism Department Jammu were arrayed as party respondents and were issued notices. “On next date of hearing Commissioner/ Secretary to Government, Tourism Department and Director Tourism Jammu, shall submit detailed report, in which they will give the list of all hotels of Jammu city. They shall also give the details of such hotels which have STPs and what are the norms/guidelines adopted and being implemented for installation of STPs in the hotels and which kind/type of hotels are exempted from installing STPs”, the DB said.
“We thought it appropriate to suggest the Government as well to install STPs in all such buildings housing Government departments/organizations, which have more than 50 rooms”, the DB directed.
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