STATE TIMES NEWS
JAMMU: In a Public Interest Litigation (PIL) regarding encroachment of bank of river Tawi, a Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan in a landmark order directed to immediately stop construction and extraction of minor minerals at River Tawi besides issuing various other directions.
When the PIL came-up for hearing, Division Bench observed that as per earlier direction Jammu Municipal Corporation (JMC) as well as Commissioner/Secretary to Government, Industries and Commerce Department have filed compliance reports.
After perusal of the compliance report, Division Bench further observed that implementation of directions passed vis-à-vis certain fields is being carried on, yet a lot is still in the way to be undertaken by respondents to achieve the sacrosanct aim of the PILs and most especially the spirit of order, which was passed by this Court, given overall situation on the spot qua the subject matter of PILs.
Division Bench directed the State-respondent that in insofar as extraction of minor minerals from River Tawi is concerned, it should be immediately stopped till further orders and as regards extraction of minor minerals from other river(s) / Nallah(s), Senior Superintendent of Police, Jammu, shall deploy manpower around the site(s), wherefrom extraction of minor minerals is undertaken to check illegal extraction and seize such vehicles, carrying/transporting extracted minor minerals without permission/challan from the concerned authority. It is made clear that seized vehicles, carrying/transporting extracted minor minerals without permission/challan from the concerned authority, shall not be released by any court/ authority, unless directed by this Court. Considering the manpower shortage pleaded and to prevent illegal extraction, no extraction be permitted between 6.00 PM to 6.00 AM.
Insofar as construction(s) on River Tawi bed/shores is concerned, Division Bench directed that all kind of construction(s), either being carried out by the government or by any individual, shall be immediately stopped.
DB also directed State to stop all kinds of construction(s), either government or individual, coming and falling on either side of the River Tawi (i.e. from fringe line of River Tawi).
DB observed that it appears that direction at sub-para (b) of paragraph 10 has neither been complied with nor any status report qua the said direction is submitted. Therefore, respondents in continuation to and in furtherance of direction 10(b) contained in order dated 29th July 2016, are directed to remove all illegal constructions from River Tawi bed and submit action taken report on next date of hearing. Upon this 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 prepared within fifteen days from today and thereafter the process for removing and rehabilitation shall be undertaken within a month’s time.
After hearing Senior Advocates B.S Salathia and Sunil Sethi, and Advocate Abhinav Sharma appearing for the PIL, Division Bench directed that after undertaking the above process of preparation of list of construction/s and removal thereof, the vacant land shall be handed over to Parks and Gardens Department of Jammu and Kashmir State Government, for beautification of the River Tawi bed.
DB further observed that in continuation to and in furtherance of direction of order, respondent-JMC shall submit a detailed report about the Sewage Treatment Plants (STPs) installed in and around the Jammu City as also the list of plants on the River Tawi bed for sewage treatment.
DB further observed that “We should not forget that Jammu City is a City of Temples. We have been seeing and observing that countless hotels, guest/lodging houses, have come up in the City for last two decades. Its effluent is also flowing into River Tawi, which adds towards deterioration of River Tawi. The registration and set up of hotels is generally handled by J&K Government through its Tourism Ministry/Department. In that view of the matter, it becomes necessary to array the said Department as party respondent in these PILs. Accordingly, Commissioner/Secretary to Government, Tourism Department and Director, Tourism Department, Jammu, are arrayed as party respondents in these PILs. Let notices go to them also, the court observed.
DB further said that on the next date of hearing, aforesaid respondents shall submit detailed report, in which they will give the list of all hotels of Jammu City. They shall also give the details of such hotels, which have STPs installed and what are the norms/guidelines adopted and being implemented for installation of STPs in the hotels and which kind/type of hotels are exempted from installing STPs.
DB further observed that “We thought it appropriate to suggest the Government as well to install STPs in all such buildings, housing government departments/ organisations, which have more than 50 rooms”.
