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Demolition of protection walls of Parglata Nallah
8HC directives to DC, SSP Jammu
1/27/2016 11:30:38 PM
Early Times Report
JAMMU, Jan 27: Vacation Judge of J&K High Court Jammu Wing Justice B S Walia in a significant order has 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 Pargalta 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.
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 Pargalata 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.
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 Pargalta is mainatined till further Orders.
On asking of the Court Mr 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. (JNF)
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