STATE TIMES NEWS
JAMMU: In a Public Interest Litigation filed by Sonu Singh stating that SOS Herman Gmeiner School and SOS Children Village School has been constructed in a Flood Prone Zone. The said school is illegally occupying land measuring 80 kanals and 8 Marlas which is Gair Mumkin River Tawi Land. It is the further plea of the petitioner that the school has been constructed without seeking No Objection Certificate from the Authority, namely Chief Engineer Irrigation and Flood Control Department, Jammu.
A Division Bench of State High Court comprising First Puisine Judge Justice Ramalingam Sudhakar and Justice BS Walia after hearing Advocate B.S Soodan appearing for the PIL observed that the issue is serious as it is concerned with public at large and the student and Chief Engineer Irrigation and Flood Control Department Jammu despite a detailed representation dated 15th August 2015 made by the petitioner, has failed to take action.
Division Bench further observed that in order to safeguard the water bodies from contamination and pollution due to dumping of refuse and waste, instant Public Interest Litigation has been filed for a comprehensive relief and the issues raised are disputed questions of fact.
Division Bench further said that “We are not inclined to admit the petition for a roving enquiry. However, the petitioner has filed a detailed representation dated 15th August 2015 to the Authority, namely Chief Engineer Irrigation & Flood Control Department, Jammu and to the Divisional Commissioner Jammu as well as Jammu Development Authority, it is for these authorities to consider the issue on its own merits as is relevant to their departments. It is made clear that if any action is proposed to be taken against respondent (School), the said respondent be put on notice so as to avoid allegation of violation of principles of natural justice.”
Division Bench further make it clear that if the issue raised, namely that the school has been constructed without seeking No Objection Certificate from the authority concerned and there is encroachment on the land near River Tawi, the Revenue Authority shall verify the same and take necessary action as per law to retrieve the aforesaid land if the allegation is found to be correct.
Division Bench further said that Government should also be aware that water bodies and rivers should be free from encroachment in any form to avoid calamities and disaster. In general, Commissioner/Secretary, Revenue Department, Divisional Commissioner Jammu and Chief Engineer Irrigation and Flood Control Department, Jammu have to necessarily ensure that there is no encroachment on the water bodies and rivers and directed Divisional Commissioner Jammu to file a report to the Registry of this Court within eight weeks from the date of receipt of copy of this order showing steps taken in this regard.
