Encroachment of Nallah/Khad at Kalu Chak DB appoints former Revenue Secy, Advocate Ahmed as Court Commissioners
STATE TIMES NEWS
JAMMU: A Division Bench of State High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Dhiraj Singh Thakur on Friday appointed former Revenue Secretary Sain Dass Sharma and Advocate Sheikh Shakeel Ahmed as Court Commissioners to submit a report with regard to the encroachment of a Nallah/Khad situated at Santokh Vihar, Kalu Chak, Jammu and directed both the Commissioners to submit their report within a period of three weeks from today. The Division Bench further directed that the Court Commissioners can seek the assistance of the Revenue Agencies upon a request being made to the Deputy Commissioner, Jammu in this regard.
The directions came in response to a contempt petition filed by Balbir Singh, son of late Sardar Singh, resident of Santokh Vihar, Kalu Chak, Jammu wherein the petitioner alleged that in violation of the directions of the Division Bench dated 10th July 2014 passed in WPPIL No. 19/2014 titled Balbir Singh Vs State of J and K wherein the Division Bench headed by then Chief Justice M.M Kumar had stayed the construction in the areas falling under water body or abetting the water body and had also put a ban on the sale of land recorded in the Revenue Records as ‘Khad’.
The Division Bench after hearing Senior Advocate K.S Johal with Advocate Shahla Rafiqi appearing for the petitioner whereas AAG L.K Moza, Deputy AG Parimoksh Seth for the State of J and K and Advocate Aseem Sawhney appearing for private respondents observed that it is urged that the Irrigation and Flood Control Department in gross violation of the aforementioned order started laying down crates on the embankment of the Nallah/ Khad and thereafter started raising construction over it. Senior Advocate K.S Johal further submitted that this was done through the agency of the official respondents particularly the Police Authorities for the benefit of the private respondents namely Vijay Kumar Duggal and Varinder Kumar Duggal.
On the other hand, AAG L.K Moza and Deputy AG Parimoksh Seth appearing for the Irrigation and Flood Control Department alleged that the petitioner has not come to the court with clean hands and he himself has constructed a house over the Nallah coming from Greater Kailash side and therefore no action ought to be taken based upon his allegations in the contempt petition.
The Division Bench after hearing both the sides observed that with a view to ascertain the actual position on spot, it becomes necessary to appoint Court Commissioners to see as to whether there has been any encroachment on the land, which otherwise was prohibited to be constructed upon in reference to the general directions passed in the aforementioned PIL.
The Division Bench fixed Rs. 20,000 as fee of the Commissioners to be shared by both the parties equally. JNF
