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| HC directs Registry to place petition before CJ for treating it as PIL | | Damage caused by flash floods in Niki Tawi Area | | Early Times Report
JAMMU, Nov 3: In a significant order Justice Dhiraj Singh Thakur of High Court (Jammu Wing) has directed the Registry to place the writ petition filed by Inhabitants of Barjala and Khandwal (Niki Tawi Area) seeking release of funds amounting to Rs.793.00 lakhs for restoration works because of flash floods of 2014-15 and 2015-16 on left side of Nikki Tawi at Khandwal and Barjala before the Chief Justice of J&K High Court for obtaining the requisite orders for treating the instant petition as Public Interest Litigation (PIL) in view of the public interest involved in the matter as the petition has highlighted the damage caused every year during the flash floods to around 45 Villages in Niki Tawi Area which remains inundated due to flash floods. As the writ petition filed by Inhabitants of Barjala and Khandwal came up for hearing the advocates appearing for the petitioners drew the attention of the court towards order dated August, 28, 2018 whereby last and final opportunity had been allowed by the Court to the Commissioner/Secretary PHE, Irrigation and Flood Control Department to file counter affidavit failing which he was to remain personally present in the Court. It was argued that Commissioner/ Secretary PHE, Irrigation and Flood Control has not bothered to file his counter affidavit despite the pre-emptory orders passed by the High Court and this is a fit situation for imposing heavy costs as well as for his personal appearance. On the other hand Deputy Advocate General Vishal Bharti appearing for PHE Department submitted that although he has received the records from the Department but the affidavit has not been ready so far.
He submitted that PHE Department has already filed objections/counter affidavit on behalf of Chief Engineer, Irrigation and Flood Control Department and besides this objections have also been filed on behalf of Executive Engineer Flood Control Division Jammu and there is no need of filing counter affidavit on behalf of the Administrative Secretary, PHE Irrigation and Flood Control.
After considering the submissions Justice Thakur directed the Registry in the open court to place the instant writ petition before the Chief Justice for obtaining appropriate orders for treating the present petition as Public Interest Litigation. |
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