Research › Search › Judgment

J&K High Court · body

2016 DIGILAW 367 (JK)

Sonu Singh v. State

2016-07-18

B.S.WALIA, RAMALINGAM SUDHAKAR

body2016
JUDGMENT : 1. Petitioner has filed this Public Interest Litigation stating that SOS Harman Gminere School and SOS Children village School has been constructed in a Flood Prone Zone. The said School is illegally occupying land measuring 80 kanals and 08 marlas which is Gair Mumkin River Tawi Land. It is the further plea of the petitioner that the school has been constructed without seeking No objection Certificate from the Authority, namely Chief Engineer Irrigation and Flood Control Department, Jammu i.e. respondent No.4. According to the petitioner, the issue is serious as it concerns public at large and the students. 2. Chief Engineer Irrigation and Flood Control Department Jammu despite a detailed representation dated 15.08.2015 made by the petitioner, has failed to take action. 3. In order to safeguard the water bodies from contamination and pollution due to dumping the refuse and waste, instant Public Interest Litigation has been filed for a comprehensive relief. 4. The issues raised are disputed questions of fact. We are not inclined to admit the petition for a roving enquiry. However, the petitioner has filed a detailed representation dated 15.08.2015 to the Authority, namely Chief Engineer Irrigation & Flood Control Department, Jammu i.e respondent No.4 and to the Divisional Commissioner Jammu as well as Jammu Development Authority. It is for these authorities to consider the issue on its own merits as is relevant to their department. It is made clear that if any action is proposed to be taken against respondent No.8, the said respondent be put on notice so as to avoid allegation of violation of principles of natural justice. 5. We make it further clear that if the issue raised, namely that the school has been constructed without seeking No objection Certificate from the authority concerned and there is encroachment on the land near River Tawi, the Revenue Authority shall verify the same and take necessary action as per law to retrieve the said land if the allegation is found to be correct. 6. The Government should also be aware that water bodies and rivers should be free from encroachment in any form to avoid calamities and disaster. In general, Commissioner/Secretary, Revenue Department, Divisional, Commissioner Jammu and Chief Engineer Irrigation and Flood Control Department, Jammu have to necessarily ensure that there is no encroachment on the water bodies and rivers. 7. 6. The Government should also be aware that water bodies and rivers should be free from encroachment in any form to avoid calamities and disaster. In general, Commissioner/Secretary, Revenue Department, Divisional, Commissioner Jammu and Chief Engineer Irrigation and Flood Control Department, Jammu have to necessarily ensure that there is no encroachment on the water bodies and rivers. 7. While disposing of the petition at the threshold, we direct Divisional Commissioner Jammu to file a report to the Registry of this Court within eight weeks from the date of receipt of copy of this order showing steps taken in this regard. 8. Registry to convey the order to the concerned respondents and place the report of compliance on receipt without fail. 9. Public Interest Litigation is disposed of along with connected MPs.