Summons issued to CE R&B, DFO for appearance
Excelsior Correspondent
JAMMU, Apr 19: National Green Tribunal (NGT) has restrained the Government of Union Territory of Jammu and Kashmir from further construction of the road from Chatter Gala to Kailash Kund via Seoz Dhar till further orders. Moreover, summons have been issued to the Chief Engineer R&B Jammu and Divisional Forest Officer (DFO) Bhaderwah for appearing before the Tribunal physically failing which coercive measures will be initiated against them.
The order has been passed in an application filed by R D Singh Bandral seeking indulgence of the NGT in protecting the flora and fauna of the Kailash Kund-Seoz Dhar area by declaring the same as protected area and not to allow construction of road on the ground that same will have adverse impact on the environment.
“In view of the facts and circumstances of the case and the provisions of the Section 20 of the National Green Tribunal Act, 2010 which mandates the Tribunal to apply the precautionary principle, it is ordered that no further construction in respect of the road from Chatter Gala to Kailash Kund via Seoz Dhar be made till further orders to the contrary”, read the order issued by a Bench of NGT comprising Arun Kumar Tyagi (Judicial Member) and Dr Afroz Ahmed (Executive Member).
The Tribunal has directed the Deputy Commissioner Doda and Senior Superintendent of Police Doda to take all requisite steps to ensure that no such further construction takes place in violation of the order. Moreover, the Tribunal has sent the copy of the order to the Chief Secretary and Chief Engineer R&B and others for ensuring requisite compliance.
Vide orders dated 14.10.2022 and 21.12.2022, the Chief Engineer, PWD (R&B) Jammu and the DFO, Bharderwah were directed to appear before the Tribunal physically or through video-conferencing. Proper communications in this regard were duly served on the Chief Engineer and the DFO Bharderwah but they have not appeared before the Tribunal physically or through video-conferencing.
“In the facts and circumstances of the case, we consider examination of the Chief Engineer, PWD (R&B) and the DFO Bharderwah as witness in the case to be essential and accordingly summons be issued to them requiring them to appear before this Tribunal physically on 24.05.2023 with all relevant record for their examination in the case on affidavits and cross examination by the applicant and or other respondents, if so required”, the NGT Bench said.
Accordingly, the NGT has issued summons to the Chief Engineer and the DFO Bharderwah and sent the same to the Chief Secretary, Government of Jammu and Kashmir for getting the service of the same effected on them and to send his report in this regard.
“In case of non-appearance of the Chief Engineer, PWD (R&B) and the DFO, Bharderwah before Tribunal in compliance to summons, coercive measures for their production by their arrest and detention by issuance of non-bailable warrant of arrest and also attachment of their salary may be taken”, the Bench has made it clear
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