STATE TIMES NEWS
JAMMU: Vacation Judge of J&K High Court Jammu Wing Justice B.S Walia Wednesday directed Deputy Commissioner Jammu and SSP Jammu that the position as existing at site as on date in respect of retaining wall/ protection wall of Nallah in Khasra no. 282 at Village Parglata is maintained till further Orders.
This Order was passed by the Court in a writ petition filed by residents of the area namely Shamima Akhtar and others through Advocates A K Sawhney and Aseem Sawhney with Neeraj Singh and Mohd Akram Advocates.
After hearing submissions of Aseem Sawhney Advocate the High Court observed in the order that Counsel for the petitioners states that the DC Jammu has passed an order dated 1st January 2015 with regard to alleged conversion of land without requisite permission as also in violation of the Master Plan in respect of Khasra nos. 262, 263, 264, 219 and 408 of Village Parglata Teh and Distt Jammu in October 2014 and has directed that the land under inquiry shall be under sapurdanama of the SHO Nagrota who shall ensure that no construction work and further conversion of the land is done and that any activity at the site would be considered as violation of the orders of the High Court and would be the personal liability of SHO concerned.
Aseem Sawhney counsel for the petitioners stated that the grievance of the petitioners in the instant writ petition is also that the respondents are demolishing the retaining wall/ protection wall of the Nallah in Khasra no. 282 which is adjacent to Khasra no. 219 in Village Parglata in order to make access to the illegal colony at Khasra no. 219 and in respect of which order was passed by the DC Jammu restraining any construction activity to change the classification of the land further in respect of which Asst Commissioner (Revenue) was asked to take necessary action under section 13 of the J&K Agrarian Reforms Act 1976.
Aseem Sawhney further submitted that despite order of the then DC Jammu the non official respondents are bent upon changing the classification of the land in Khasra no. 219 and they have started demolishing the protection wall of Nallah in Kh. no. 282 .
Sawhney also submitted that the action of respondents is in gross violation of order of High Court in PIL titled as “A Citizen V/s State”. On hearing the submissions Justice B S Walia issued notice of motion and in the meantime directed the DC Jammu and SSP Jammu to ensure that the position as existing at site as on date in respect of retaining wall/ protection wall of Nallah in Khasra no. 282 at Village Parglata is mainatined till further Orders.
On asking of the Court, Rakesh Khajuraia AAG accepted notice on behalf of respondent no. 2- DC Jammu and SSP Jammu and undertook to ensure compliance of this order.
The petitioners in the writ petition have sought the stopping of the constructions being raised at Khasra no. 219 Parglata and also sought restrain over the demolition of the breast wall/ embankment raised by the authorities out of the CDF of a legislator besides other prayers.
