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DB directs JMC to file fresh status report on PIL against on encroachment by old city shopkeepers
8/2/2018 10:56:30 PM
Early Times Report

JAMMU, Aug 2: A Division Bench of High Court today heard the Public Interest Litigation (PIL) filed by Jagidsh Chander Gupta to highlight the encroachments by shopkeepers and others in the JDA Shopping Complex, Mohalla Old Hospital Road, Near City Chowk, Jammu and also in the area adjoining the same.
The Division Bench comprising of acting Chief Justice Alok Aradhe and Justice Dhiraj Singh Thakur observed that Advocate Ajay Sharma urged that the Municipal Corporation had failed to implement the Action Plan submitted by the Municipal Corporation in its letter and spirit. However, with a view to rebut this assertion of Advocate Sachin Gupta to the status report dated 5-2-2018 with a view to show the action taken pursuant to the directions of the Court, directed to file a fresh status report by the Corporation to show as to what further action has been taken with a view to remove encroachments in terms of various orders passed by this Court.
In the meanwhile an application was filed by the applicants seeking direction to the authorities, i.e., Municipal Corporation, Jammu to de-seal the business premises of the applicants which were sealed on account of alleged violation of Section 232 of the Municipal Corporation Act, 2000.
The court after hearing senior advocate Sunil Sethi with advocate Parimoksh Seth ordered that the applicants deposit a sum of Rs.50, 000/- along with undertakings (that the offences would not be repeated) before the Registrar Judicial of this Court.
The Division Bench while disposing of the application observed that it is made clear that upon the deposit of the amount as ordered and the furnishing of the undertakings, the authorities would proceed to de-seal the properties in question. It is, however, made clear that, in case, the Municipal Authorities notice any further encroachment by the applicants or violation of the undertakings so submitted, they shall submit a report to this Court upon which the amount deposited by the applicants will be ordered to be forfeited, accordingly.
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