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| BJP president, others restrained from trespassing into 'pvt' property | | | Early Times Report
Jammu, Jan 16 : Special Municipal Mobile Magistrate M R Chak has passed a restraining order against BJP president and MLA Sat Paul Sharma and others, asking them not to enter the property of the petitioner or demolishing the boundary wall without adopting due course of law.
The directive restraining the MLA, Parmod Kapahi, Waryam Singh, Ujagar Singh, Rangil Singh, Rajesh Gupta, Khilafwarzi Officer, and JMC Commissioner came in a petition filed by Iftikhar Khan Salaria who is in possession of land measuring 12.18 kanals in khasra No 245 and 254 at Nowabad near KC Central Theatre from where he is running his unit M/s Salaria Industries and also has a small makeshift residence there.
Salaria's counsel submitted that on January 6 last, the MLA and other persons trespassed into his property and damaged the boundary wall with a JCB machine.
He filed a criminal complaint with the Nowabad Police Station and SP, City North, but when no action was taken by them, he moved the court.
As a matter of fact, there is a water channel passing through the lane and property of the plaintiff since the time when his land was used for agriculture. The water was transported through this channel. But after urbanization of the area, the water was stopped and the water channel was left dry but the residents of the area are using it as a drain for sewerage which otherwise is illegal and the defendants have not provided any drain in the area. Rather the residents are using the water channel as a drain which is against the spirit of Jammu and Kashmir Water Resources (Regulation and Management) ACT, 2010 on which a Division Bench of the J&K High Court is seized of the matter seeking its implementation in a PIL.
Therefore in view of the aforestated legal position the channel in question is a water channel used for watering of fields and irrigation and the defendants and other residents of the area want the sewerage and garbage to be dumped into it and then forcibly want the same to pass through the property of the plaintiff which is illegal. The channel is not a JMC drain rather it is under the Irrigation department and in this connection the communication was shown to the court whereby the kool/water channel was sought to be cleaned by the plaintiff and as also in official records of revenue as well as department the same is a water channel.
In the guise of converting this channel into a sewerage, garbage and filth drain the defendants as well as JMC officials are hell bent to take law into their hand and without adopting due course of law committed criminal act both under RPC by trespassing and demolishing boundary wall and also violate the Water Resources Act.
There was not any khilafwarzi, nor new construction nor any BOCA notice or violation therefore the action so taken by the accused was a criminal act on the part of the defendants in sheer abuse of powers and therefore they be restrained and prohibited from demolition and causing losses to the private property of the plaintiff, merely under the influence of the MLA, he submitted, saying the applicant suffered a loss of Rs 2 lakh. --(JNF) |
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