State

DB expresses displeasure over non-filing of compliance report by Div. Com. Jammu

GY CORRESPONDENT JAMMU SEP. 24
[ September 25, 2018 ] Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta in the open court expressed displeasure over the non-filing of the compliance report by the Divisional Commissioner Jammu with regard to the implementation of orders dated July, 31, 2018 and September, 11, 2018 whereby the Division Bench had directed the Divisional Commissioner Jammu, Commissioner JMC, Deputy Commissioner Jammu and SSP Jammu to ensure the handing over of the possession of 97 Kanals of the State land situated at Village Seri Khurd, Tehsil Nagrota District Jammu to JMC for establishing a cattle pound for housing 3000 stray animals. The Division Bench on September, 11, 2018 had categorically directed that the Divisional Commissioner Jammu will file the compliance report on or before the next date of hearing regarding the taking over of the possession of the above referred land for cattle pound and the Division Bench had warned that in case the needful is not done then court will be constrained to pass appropriate orders against the Divisional Commissioner Jammu, Deputy Commissioner Jammu, Commissioner JMC and SSP Jammu. When this much publicized Public Interest Litigation filed by an NGO "SAVE" through its Chairperson Devinder Kour Madaan alias Rumpy Madaan came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioner submitted that despite the express directions of the Division Bench passed on July, 31, 2018 and September, 11, 2018 the Divisional Commissioner Jammu has not filed the compliance report till date which shows that the senior IAS officer has no respect for the orders passed by the Division Bench. Advocate S.S. Ahmed further submitted that there was a direction by the Division Bench on July, 31, 2018 to take over the possession of 97 Kanals of State Land within two weeks from the revenue agency and the Divisional Commissioner Jammu was directed alongwith Commissioner JMC to file an affidavit with regard to the compliance of this order. Advocate Ahmed further submitted that no respect was shown to this order as the matter further came to be listed on September, 4, 2018 and no compliance report was filed either by Commissioner JMC or by Divisional Commissioner Jammu and possession of 97 Kanals of land was not taken over by the JMC. Advocate S.S. Ahmed further submitted that today again there is no compliance report by the Divisional Commissioner Jammu and sought appropriate orders against the senior functionary of the State for not complying the directions of the Division Bench. At this stage the Division Bench headed by Justice Dhiraj Singh Thakur expressed displeasure over the repeated violation of the court orders by the Divisional Commissioner Jammu and in the open court directed Senior AAG S.S. Nanda appearing for the State Government as to why the Divisional Commissioner Jammu has defaulted in filing the compliance report as directed by the Division Bench. Senior AAG S.S. Nanda appearing alongwith Municipal Veterinary Officer Dr. Zaffar informed the Division Bench that out of 97 Kanals, possession in regard to 30 Kanals of land has been taken over for purposes of establishing the cattle pound and the Forest Department has raised some dispute with regard to the rest of the land. Senior AAG S.S. Nanda further submitted that this issue is likely to be settled and a meeting is going to be conducted with the officers of the Forest Department in this regard by the Divisional Commissioner Jammu. The Division Bench after considering the submissions of Senior AAG S.S. Nanda observed and directed that be that as it may, the affidavit to be filed by the Divisional Commissioner Jammu with regard to the steps taken by him to resolve the issue highlighted today in the Court. Advocate Sachin Gupta appeared for JMC whereas Senior Advocate M.K. Bhardwaj with Advocate Gagan Kohli appeared for dairy owners