No action taken by distt admn for nearly one & half year
Mohinder Verma
JAMMU, Oct 29: Shocking it may sound but it is a fact that official machinery has failed to check encroachment and continuous shrinking of water body in Jammu city for nearly one and half year even after receiving formal complaints in this regard. However, perturbed over the inaction the Jammu and Kashmir State Accountability Commission has stepped-in and passed directions to the Deputy Commissioner, Jammu Municipal Corporation and Senior Superintendent of Police for acting jointly against the encroachers.
Sources in the district administration told EXCELSIOR that a Non-Governmental Organization namely Environment Awareness Forum filed a complaint before the Sub-Divisional Magistrate (SDM) Jammu North on January 14, 2016 highlighting the encroachment of a pond situated along Janipur-Roop Nagar road near Azad Hind Filling Station.
As no action was taken by the SDM another detailed complaint was filed before the Deputy Commissioner Jammu in the month of April 2016 but again no seriousness was shown to check the encroachment and shrinking of water body. Since there was no record available regarding the pond, an RTI application was filed by the complainant in the month of September 2016 seeking various details including that of encroachment on the pond.
In response to the RTI application, the concerned functionaries of the Revenue Department informed the complainant that the pond has a land measuring 10 kanals and 13 marlas and the same has been encroached. Though the report stated that the pond has been encroached yet it didn’t state what action has been taken against the encroachers. On the basis of information obtained under RTI Act, the complainant filed another complaint with SDM Jammu North on March 31, 2017.
As if encroachment was nobody’s concern, the official machinery preferred to ignore the complaints as a result of which the complainant approached the Minister for Forest for redressal of his grievances. Much to the surprise of the complainant no seriousness was shown even by the Forest Minister. Finally, the complainant knocked the doors of the Jammu and Kashmir State Accountability Commission with a formal complaint against the Minister for Forests as per the provisions of Section 2(16) of the J&K Accountability Commission Act.
Before proceeding against the Forest Minister, the SAC decided to seek reports from the concerned officers of the State. As Divisional Forest Officer conveyed to the SAC that land where pond is situated is not in the possession of Forest Department, functionaries of the Revenue Department were put to notice for furnishing the status of the pond on the basis of the revenue records.
The Revenue Department officials in their report to the Accountability Commission submitted that land measuring 10 kanal and 13 marlas comprised in Khasra No.582 Paloura has been recorded as pond in the Record of Rights. However, at present the area of the pond has been reduced to five kanals and 10 marlas. Moreover, one kanal and one marla besides 9 marlas of land shown in the records as pond has been encroached upon.
As inaction on the part of the concerned functionaries of the State Government has resulted into pathetic condition of the water body, the Accountability Commission sought a report from the Municipal Commissioner Jammu on the steps taken to restore glory of the water body and removal of encroachments. Even the copy of this order was forwarded to the Administrative Secretary of the Housing and Urban Development Department for response of Government on unauthorized occupation in Khasra No.582 Paloura and non-maintenance of the water body.
In response to the directives of the Accountability Commission, the Joint Commissioner (A) of Jammu Municipal Corporation submitted that some area around the pond was found encroached during the inspection by a team and even steps were initiated to get the encroachment removed but the needful could not be done as there was apprehension of law and order situation in the area.
Now, the SAC has observed, “no doubt some steps have been initiated towards restoration of water body but it appears that the Corporation has not approached the law enforcing agencies to see that there was no interference in the discharge of its duty to remove encroachment around the water body”, adding “the Corporation may approach the Deputy Commissioner Jammu and law enforcing agencies to seek their required help so that there was no interference by anyone in removal of encroachment and restoration of water body”.
As per the notices received in the offices of Assistant Commissioner Revenue, Municipal Corporation Jammu, Deputy Commiss-ioner Jammu and SSP Jammu, they have been asked to make coordinated efforts for removal of encroachments and preservation of water body. They have further been directed to file compliance report by or before December 29, 2017 when the matter will again come up for hearing.
Stating that Commission has effectively exercised the provisions of Section 2(2) of the J&K Accountability Commission Act, legal experts have stressed that people should come forward to avail the options available under this Section so as to tighten noose around those public functionaries who are willfully not coming forward to perform their duties.
Under Section 2(2), action has been described as action taken by way of decision, recommendation or finding or in any other manner and includes failure to act and all other expressions connoting action shall be construed accordingly.
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