India

DB directs SSP to file ATR into illegal construction & minning in River Tawi

golden yug
[ July 18, 2017 ] Jammu, JULY-18-2017-(JNF):- In the much publicized Public Interest Litigations filed by Advocates Dewakar Sharma and Ashish Sharma highlighting various issues involving the conservation/preservation of River Tawi, A Division Bench of State High Court Comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta after gone through the report of Committee, directed Senior Superintendent of Police, Jammu, to file detailed compliance of the previous directions, particularly direction nos. 09 to 13 of the Order dated 17th November 2016 and also file Action Taken Report.Division Bench also directed 1. Divisional Commissioner, Jammu, shall file status with regard to construction of Artificial Lake on the River Tawi within four weeks.When the matter was taken-up, Division Bench observed that application was filed seeking permission for construction of Mega/ Major Projects is implored for by applicants/respondents. They aver therein that this Court vide order dated 7th February 2017, permitted them to carry out and complete some Mega/Major Projects as made mention of in paragraph 04 of the application in hand. However, some vulnerable critical spots along the banks of River Tawi/ Nallahs, according to applicants, have been identified, needing immediate plugging by constructing flood protection works that too before onset of the monsoon rains of 2017, aiming at to save valuable life and property of the public of the area. The spots, where flood protection works require to be completed before rainy season to avert any kind of loss to public and private property are Construction of Protection work on L/S of Nikki Tawi at village Belicharana, Khandwal, Lalyal, Jassore and Badyal Brahmana, Construction of protection work on R/S of River Nikki Tawi at Village Karnala Chak, Surya Chak, Sardara Chak, Top Manhasan, Jawalapuri and Murarpur, Construction of protection work in River Waddi Tawi at Village Dathrayal, Kukerian and Karnala Chak, Constructiuon of protection works at critical spots of local Nallahs at Balole Nallah Aik, Sumbli, Khara Madan and in Marh Block and Construction of protection work on left and right Banks of River Tawi D/S of Katal Batal up to U/s of Sidhra Bridge under NABARD.On examination of the application, given urgency expressed by applicants/State and being an exceptional case, considering the involvement of seriousness projected and anticipated in the application, Division Bench allowed the applicants to raise construction(s) as mentioned the application and made it clear that instant order/direction is an exception and cannot be permitted to be made use of as a precedence by others to follow and come up with similar motions seeking akin type of relief(s).Division Bench further observed that Divisional Commissioner, Jammu, and Deputy Commissioner, Jammu, have come present. Divisional Commissioner, Jammu, submits that he will file compliance report to the order dated 1st May 2017, ( whereby Division Bench directed 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 preparedwithin fifteen days from today and thereafter the process for removing and rehabilitation shall be undertaken within a month’s time have not been complied with) during course of the day before the Registry. He may do so with an advance copy to learned counsel appearing for petitioners. Their appearance, at this stage, is dispensed with.Division Bench further observed that in terms of order dated 1st May 2017, the Committee, constituted by this Court, has filed a report, contending that it has visited the area of the subject matter of the petitions (PILs) including the villages Katal-Batal, Baba Surgal, Bajalta, Nagrota, Sidhra, Peer-Kho, Gujjar Nagar to Beli Charana and area near 4th Bridge at Bhagwati Nagar, Jammu, and during inspection of Tawi Area at Bhagwati Nagar, Jammu, near Sewerage Treatment Plan on 21st June 2017, two Trolleyies were being found loaded with sand from the mid of the river and that the minor minerals were also being extracted and carried on the Ponies. The Committee also reports to have conducted extensive inspection of Tawi Area of Nagrota and Peer-Kho on 24th June 2017 and it was found that the minor minerals were being extracted from Ravi Tawi and transported through Ponies and that during the inspection of areas at Nagrota and Beli Charana (Nikki Tawi), the new structures/buildings were found raised not only on the bank of river but also in the bed of River Tawi. The photographs of the structures (06 in number) are attached therewith. The report also makes it known that the authorities concerned have not implemented in letter and spirit the directions/orders passed by this Court, Division Bench observed that in the said background, it would be appropriate to direct Senior Superintendent of Police, Jammu, to file detailed compliance of the previous directions and also file Action Taken Report. Division Bench also directed Senior Superintendent of Police, Jammu, shall appear in person on next date of hearing along with compliance/ Action Taken Report. A copy of this order be transmitted to Senior Superintendent of Police, Jammu, for compliance.Division Bench also directed Divisional Commissioner, Jammu, shall also file response to the Action Taken Report of the Committee.