JAMMU: A Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan observed that it would be appropriate to constitute a monitoring committee of two independent members, one retired District Judge and another a retired Police officer of the rank of Senior Superintendent of Police, to keep vigil and regularly report on the activities vis-à-vis the sand extraction from rivers and construction on the banks of the rivers, seeing the delay and non-compliance of the earlier orders.
The Bench also appointed Ashok Koul presently Registrar General of J&K High Court who is retiring on December 31, 2016 and Parvinder Singh DIG (retd) to head the monitoring committee.
The Division Bench also asked the state to implement earlier orders in letter and spirit, and submit action taken reports. Two such reports have been filed, one report is of Senior Superintendent of Police, Jammu.
As is coming forth from the report, a good number of vehicles have been seized, besides concomitant preparations and arrangements related to implementation of directions of this Court have been taken. It would not be gainsaying that appreciable work has been done by the police and same valour and vigour will continue. The second report is of Commissioner Secretary to Government, Tourism Department and Director, Tourism Department, Jammu. The information, as was directed to be submitted by this Court, has been furnished therein 277 hotels/lodges in total are running in Jammu City. Of 277 hotels, seven have been shown of A-Category, 42 of B-Category, and 228 of C-Category. Only 13 hotels are stated to have STP installed.
Division Bench further observed that JMC and JDA has not filed status report and was expected of JMC and JDA to come up with compliance/action taken report(s) as has been done by the Police. However, non-submission of report(s) by JMC and JDA left us with no option but to say that prevention of construction activity on either side of the River Tawi and prohibited areas, cannot be left exclusively to the officials of JMC and JDA.
The Bench observed that despite the court direction, it appears that necessary action has not been taken. However, due to lack of commitment on the part of concerned officers/officials, such matters are left to be brought to the Court by general public. Upon this Division Bench directed that the Committee shall inspect the area(s) and submit fortnightly reports to the Registrar Judicial, High Court of J&K, Jammu Wing, giving therein construction activity in the prohibited areas.