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| HC issues contempt notices to CS, Secys of Revenue, PHE, Law, Finance | | Non-implementation of 'gair mumkin khud' judgment, non-framing of water policy | | Early Times Report
Jammu, Nov 10: A high court division bench of Chief Justice N Paul Vasanth Kumar and Justice Tashi Rabstan has issued contempt notices to the Chief Secretary, four Secretaries of different departments, Divisional Commissioner, Jammu, and PHE Chief Engineer for non-implementation of the court judgement on 'gair mumkin khud' and non-framing of water policy.
The notices were issued to Chief Secretary B R Sharma, revenue secretary M Ashraf, PHE secretary Sanjeev Verma, Law Secretary Abdul Majid Bhat, Finance Secretary Navin Kumar Choudhary, Divisional Commissioner Pawan Kotwal and PHE CE H C Jerath.
The bench directed them to respond as to why they be not punished for committing contempt of court in a petition filed by one Rattan Parkash (82) through his counsels.
One of the counsels submitted that a PIL was filed by one Balbir Singh, seeking implementation of J&K Water Resources (Regulation and Management) Act 2010.
He submitted that the bench had disposed of the PIL with the operating part of the judgment -- Since the state has failed to disclose the framing of State Water Policy and Plan in terms of the Act, we direct them to frame such a policy for safety, prevention and restoration of wetlands, marshland, flood channels and lands recorded as 'khuds' in the revenue record as also for preserving the sanctity of river Tawi from being polluted by the waste and toxic water emanating from authorized/unauthorized colonies alongside the river by including stringent and effective measures, positively within a period of two months from today, strictly keeping in view the observations made herein above. While framing such a Water Policy and Plan, the state would also take into consideration and strictly follow the observations made by the Apex Court in the case titled 'Jagpal Singh v/s State of Punjab' as well as by this court in case titled 'Dharm Chand v/s State of J&K' in 2015. Till the time such a policy is framed by the government, the July 10, 2014 order and status-quo with respect to such lands/khuds shall remain in force...."
He submitted that the court had directed the respondents to frame a policy for such wetlands, khuds etc within 2 months from February 12, 2016 and till then the status quo was directed to be maintained. This means that the petitioner and other people like him who have lands recorded as gair mumkin khud were deprived of either selling these properties, constructing anything or even mortgaging these properties. Two months lapsed in April 2016 but the respondents have not framed a policy or scheme. Compelled under these circumstances, the land owners moved a representation to the minister with copies to most of the respondents, apprising them of the situation and sought compliance of the judgment.
The petitioner submitted that respondents had neither bothered to implement the court judgment nor passed any orders which would permit issuance of fards and thus permit the petitioner or people aggrieved who were hundreds in number, to either sell, buy, transfer or raise construction over such lands as there was a status quo passed by this court. The act of respondents in not framing a policy within the time frame as provided by the court was contumacious and therefore the respondents had dared to challenge the majesty of the court by not obeying its direction despite reminders in writing and personal visits of the aggrieved land owners to the chambers of these respondents and ministers. (JNF) |
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