Early Times Report
JAMMU, Nov 17: In a PIL regarding encroachment on the banks of river Tawi, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed that there should be no construction on the river banks.
The bench also directed to forthwith stop the extraction of minor minerals from the river. When the PIL came up for hearing, the court observed that as per its earlier direction, Jammu Municipal Corporation and secretary, Industries and Commerce Department, had filed their compliance reports.
After perusal of the compliance report, the bench observed that though implementation of directions passed vis-à-vis certain fields was being carried on, a lot was still to be undertaken by the 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.
The bench directed the state that in insofar as extraction of minor minerals from Tawi was concerned, it be immediately stopped till further orders and as regards extraction of minor minerals from other rivers and nallahs, SSP, Jammu, would deploy manpower around the sites to check illegal extraction and seize such vehicles transporting extracted minor minerals without permission from the concerned authority.
"It is made clear here that seized vehicles transporting extracted minor minerals without permission from the concerned authority, shall not be released by any court or authority unless directed by this court. Considering the manpower shortage as pleaded and to prevent illegal extraction, no extraction be permitted between 6 pm to 6 am," the court directed.
Insofar as constructions on the Tawi bed or shores was concerned, the bench directed that all kinds of constructions either being carried out by the government or by any individual, would be immediately stopped.
The court also directed the state to to stop all kinds of constructions, either government or individual, coming and falling on either side of the river.
The bench 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 the July 29, 2016 order are directed to remove all illegal constructions from tiver Tawi bed and submit action taken report on next date of hearing'.
The court directed that the state would also identify all constructions coming and falling on either side of Tawi, from its fringe line, either government or individual, whether such constructions are authorised or unauthorised, and prepare a list of such constructions so that they were 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 15 days from today and thereafter the process for removing and rehabilitation shall be undertaken within a month's time," the court directed.
The bench directed that after preparing the list of constructions and removal thereof, the vacant land would be handed over to Parks and Gardens Department for beautification of the river bed.
The court said that in continuation to and in furtherance of its order, JMC would submit a detailed report about the Sewage Treatment Plants installed in and around Jammu City as also the list of plants on the River Tawi bed for sewage treatment.
"We should not forget that Jammu city is City of Temples. We have been seeing and observing that countless hotels and guest houses have come up in the city in the last two decades. Its effluent is also flowing into Tawi, which leads to its deterioration.
The registration and setting up of hotels is generally handled by J&K government through its Tourism Department. "In view of it, it becomes necessary to array the said department as party respondent in these PILs. Accordingly, tourism secretary and director are arrayed as party respondents in these PILs. Let notices go to them also," the bench directed.
On the next date of hearing, the tourism secretary and director would submit a detailed report in which they would give the list of all hotels of Jammu city. "They shall also give the details of such hotels, which have STPs installed and tell about the guidelines adopted and being implemented for installation of STPs in hotels and which kind of hotels are exempted from installing STPs," the court directed.
"We think it appropriate to suggest the government as well to install STPs in all such buildings, housing government departments and organisations which have more than 50 rooms," the court said. (JNF) |
