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2016 DIGILAW 381 (JK)

J&K Peoples Forum v. State of J&K

2016-07-20

MUZAFFAR HUSSAIN ATTAR, N.PAUL VASANTHAKUMAR

body2016
JUDGMENT : 1. As ordered by this court on 18.07.2016, the status reports are filed by the Director of CA&PD, Department, Kashmir, and the Deputy Commissioners of Budgam, Anantnag, Shopian and Ganderbal Districts. In the status report filed by the Director, CA&PD, Kashmir, it is stated that in Srinagar District out of 400 sale centres including Fair Price Shops and some centres functioning on internal adjustment basis, the sale of foodgrains has been conducted in 202 sale centres as on 19.07.2016. Further it is stated that almost all the Storekeepers working in the department operate more than one Ration Depot, as such, sale of ration at all Ration Depots simultaneously is not possible. The learned Advocate General on the basis of said status report submitted that staff available at the Ration Depots where the sales have already effected will be called at other Ration Depots for supply of ration. The said submission is recorded. It is also stated that residents of Habbakadal through Intizamia Committee informed that they will receive their quota of ration after the situation improves and as such no sale could be conducted in the said area. In so far as supply of LPG cylinders in District Srinagar is concerned, nothing is mentioned in the status report filed by the Director, CA&PD, Department Kashmir. 2. In the status report filed by the Deputy Commissioner, Anantnag, it is stated that out of total allocation of 63914 quintals of rice, 24473 quintals have been made available to the sale outlets of the District and out of it 21657 quintals have been distributed among the rationees upto 18.07.2016. In so far as supply of LPG cylinders in the district is concerned no data is provided in the status report. The learned Advocate General submitted that the supplies will be ensured and the data will be provided in the status report to be filed on the next date of hearing. The said submission is recorded. 3. The Deputy Commissioner, Budgam, in his status report stated that there is no shortage of ration in the district as of now and ration items are being made available to the consumers at their respective ration ghats. Further, it is stated that foodgrains have been distributed to the rationees from 5th July, 2016 and dispatching of further foodgrains to different sites have been restored from 17th July, 2016. Further, it is stated that foodgrains have been distributed to the rationees from 5th July, 2016 and dispatching of further foodgrains to different sites have been restored from 17th July, 2016. It is also stated that Home delivery of LPG cylinders in the main towns of the District is made by the concerned agencies and in the rural areas, the same is distributed through point delivery of the concerned agencies. 4. In the compliance report submitted by the Deputy Commissioner, Shopian, it is stated that supply of ration items has been made through 19 number of centres. The status report further reveals that there is no dearth of sugar or kerosene oil in the district. It is also stated that 295 LPG cylinders have been distributed among the consumers in the district and delivery was made at home in different villages on 17th and 18th July, 2016 and there is no shortage of LPG cylinders in the district. 5. The Deputy Commissioner, Ganderbal, in his status report has stated that ration is being made available to the consumers at their respective ration ghats and he has personally visited Ration Ghats of the District on 17.07.2016. It is also mentioned therein that there is no shortage of LPG supply or Kerosene Oil in the District. 6. The learned Advocate General on instructions submitted that Ration Depots in District Kupwara are functioning properly and there is no shortage of sugar in the District and the same is being sold at the rate of Rs. 13.50/Kg. Further he states that LPG is being made available and home delivery/point delivery is being made as per norms in the District and no shortage/crises have been reported from any part of the District. Further he states that dispatch of foodgrains from FCI Kupwara has been resumed and same is going on smoothly and the normal allocated quantity to the tune of 42333 Qtls for the month of July 2016 had already been dispatched to sale centers in full by 5th July, 2016. 7. In the response filed by the petitioner today, it is acknowledged that a perceptible change in distribution of essential commodities like ration etc. is visible in Curfew bound areas of Srinagar. However, some areas like Ziyarat Batamaloo, Dhobi Mohalla Batamaloo, Kursoo Padshahi Bagh, Karfali Mohalla and maximum areas on the right and left of Nallamar Road, Srinagar, are required to be catered. is visible in Curfew bound areas of Srinagar. However, some areas like Ziyarat Batamaloo, Dhobi Mohalla Batamaloo, Kursoo Padshahi Bagh, Karfali Mohalla and maximum areas on the right and left of Nallamar Road, Srinagar, are required to be catered. Further, it is submitted that some areas of Kulgam, Anantnag are still awaiting rations. Similarly in the areas in the districts of Pulwama and Shopian are required to be given attention. It is also acknowledged that availability of medicines and surgical equipments and patient care has improved. However, the supply of medicine of cancer patients registered in SKIMS is yet to be complied with. 8. The learned Advocate General, on instructions from the Professor and Head, Radiation Oncology, SKIMS Soura, Srinagar, submitted that a total of 2379 patients are registered with the SKIMS from 16 districts and several of them have visited the Institute for Chemotherapy and Radiotherapy. He assured that, as ordered by this court on 18.07.2016, cancer patients who are unable to visit the Institute to collect the medicine for a month will be supplied the medicine through District Health Officers/Officials and status report to that effect will be filed on the next date of hearing. 9. During the course of arguments, the petitioner who is appearing as party in person pointed out that in his earlier reply he has mentioned about the illegal encroachments being made in Dal Lake area. 10. The learned Advocate General, on instructions from LAWDA authorities submitted that the Secretary Housing and Urban Development Department, Vice Chairman LAWDA and all concerned officials had thorough inspection of Boulevard area around Dal Lake. He states that minor repairs and fixing of temporary CGI sheets were detected near Saidakadal and work has been stopped. Five FIRs have been registered against five persons and one person was trying to construct illegal roof over his house at Akhoon Mohalla near Habak which has been demolished by Enforcement Wing of LAWDA headed by Dy. Superintendent of Police. No building material is being allowed to be transported in Boulevard area to stop violations and strict vigil is being maintained in the entire Dal area. It is also to be noticed at this juncture that weeding operations are not being carried out by the LAWDA authorities which results in enormous growth of weeds. Superintendent of Police. No building material is being allowed to be transported in Boulevard area to stop violations and strict vigil is being maintained in the entire Dal area. It is also to be noticed at this juncture that weeding operations are not being carried out by the LAWDA authorities which results in enormous growth of weeds. Since another Division Bench is dealing with the PIL No. 159/2002 (Syed Tahir Iqbal Geelani v. State) on the subject, we are not expressing our views in this order. However, the learned Advocate General is directed to ensure implementation of the orders passed in the PIL No. 159/2002 regarding weeding as well preventing of encroachments and disallowing of building material in and around the Dal Lake and the LAWDA authorities shall file a status report in the pending PIL No. 159/2002 on 26.07.2016. 11. It is also noticed by this Court that the Jammu & Kashmir Bank which is the major bank of the Valley having its ATMs in the entire Kashmir Valley is not loading the ATMs so as to enable the account/card holders to withdraw the cash. It is also a fact that the Branches of the said bank are not functioning in order to facilitate withdrawal of the money by the account holders for their day to day emergencies. Hence, we are inclined to implead the Managing Director, J&K Bank, Corporate Office, M.A. Road, Srinagar, as a party respondent in this PIL so as to get the status report with regard to availability of cash in the ATMs as well as functioning of branch offices of the Bank in the Valley. 12. The learned Advocate General is requested to communicate this order to the Managing Director of the J&K Bank today itself. Post the matter on 23.07.2016 at 10:30 AM for filing further reports by all the concerned.