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2006 DIGILAW 58 (JK)

Bar Association, Jammu v. State Of J. &K.

2006-03-23

B.A.KHAN, J.P.SINGH

body2006
1. An amended petition has been filed on behalf of Bar Association Jammu, seeking several reliefs, which include issuance of directions to the State respondent and its functionaries for construction of an alternate road from Manda Forest to High Court, restoring all the land allotted to the High Court and removing encroachments made on this land and completing the entire District Court Complex and the Lawyers Chambers as per the approved plan. 2. It is submitted by Shri Surinder Singh, Bar President, that Soil Conservation Department had un-authorisedly occupied 20 or more kanals of land, within the High Court Complex, which otherwise fall in the land allotted to the High Court and had constructed its office and some residential quarters there. 3. He pointed out that these constructions have come up right in front of the High Court building and constituted a source of nuisance, and interference in the Court premises, as the Court gates had to remain open for egress and ingress for the employees of this department, which also posed a security threat to the Court Complex. He prays that State through Chief Secretary and the Director of Soil Conservation of Forests be directed to immediately shift their office and residential quarters from this land and clear the encroachment within a time frame. 4. Issue notice of this amended petition. Mr. B.S.Salathia, learned AAG, appears for the State respondent. 5. On the request of the parties, Commissioner-Secretary to Government, Forest Department, Divisional Commissioner Jammu, GOC Western Command and GOC Northern Command are impleaded as party respondents. Shri B.S.Salathia, AAG, accepts notice for Commissioner-Secretary Forests and Divisional Commissioner, Jammu, whereas Shri Ajay Sharma, Addl. CGSC, accepts notice on behalf of GOC Western and Northern Commands. 6. We have considered the submissions of Shri Surinder Singh and Shri B.S.Salathia, AAG. Shri Salathia may file the response of these official functionaries to the reliefs sought in this petition within four weeks. While filing the reply, official respondents shall indicate the manner and method by which they propose to clear the encroachment on the High Court land, demarcation where of stands already conducted by the revenue authorities. 7. In view of the submissions made at the Bar, we direct Shri Ajay Sharma, Addl. CGSC, to file response of the Army authorities, on the proposed road project, within four weeks. 8. 7. In view of the submissions made at the Bar, we direct Shri Ajay Sharma, Addl. CGSC, to file response of the Army authorities, on the proposed road project, within four weeks. 8. The Divisional Commissioner, Jammu, is also directed to take up the matter with the Army authorities meanwhile and submit his report and action taken in this behalf to this Court by the next date of hearing. Copy of this order shall be furnished to Shri B.S.Salathia, AAG and Shri Ajay Sharma, Addl. CGSC. List on 25.4.2006.