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2017 DIGILAW 392 (JK)

Rattan Singh v. State through Revenue Deptt.

2017-07-19

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : 1. In compliance of the order dated 31.05.2017, Mr. Ehsan Mirza, learned Dy. AG has submitted the compliance report which has been filed on 18.07.2017. Learned Dy. AG submits that in compliance of the directions contained in the order dated 31.05.2017, the work of demarcation of the Gharana Wetland has been completed. He, further, submits that during the process of demarcation, encroachments have been found on the land belonging to Gharana Wetland. 2. It is, further, submitted that the Block Development Officer, Suchetgarh, has prepared a Detailed Project Report and has sought permission from the competent authority for approval for construction of drains and soaking pits in order to prevent wastage of water entering the wetland. It is also submitted that the action with regard to removal of encroachments from the area of the Gharana Wetland as well as other water bodies situated in Hiranagar Tehsil, Akhnoor Tehsil and in District Reasi, which is admittedly under encroachment shall also be undertaken by the competent authority. 3. Mr. R S Jamwal, Dy. AG submits that with regard to installation of flood forecasting management system, tender has already been floated, as informed by the Executive Engineer concerned. He prays for week’s time to place on record the document in this regard. 4. In view of the aforesaid statement made by the learned Dy.AGs, we issue the following directions: (i) that the respondents shall initiate an action for removal of encroachments from the areas of Gharana Wetland as well as other water bodies situated in Hiranagar Tehsil, Akhnoor Tehsil and Reasi District, within a period of six weeks from today and shall complete the process as expeditiously as possible. (ii) The Commissioner/ Secretary, Rural Development Department/Director, Rural Development Department shall accord sanction to the proposal prepared by the Block Development Officer, Suchetgarh with regard to construction of drains and soaking pits and shall release the funds within a period of six weeks from today. Thereafter the work of construction of drains and soaking pits shall be undertaken with quite promptitude. (iii) The respondents shall also take action for establishment of the police post at Gharana Wetland and the same shall be set up within a period of two months from today. Thereafter the work of construction of drains and soaking pits shall be undertaken with quite promptitude. (iii) The respondents shall also take action for establishment of the police post at Gharana Wetland and the same shall be set up within a period of two months from today. Needless to state that the wildlife warden shall identify the spot and the revenue department will deliver the possession of the land to the police department for setting up of the police post. (iv) The fencing around the Gharana Wetland shall be done by the Wildlife Department which has already been demarcated by the revenue department, as expeditiously as possible. 5. On the next date of hearing, Mr. R S Jamwal, learned Dy. AG shall apprise this Court with regard to steps taken for setting up of the Flood forecasting management system. 6. List the writ petition for further orders on 21.09.2017. 7. Let a copy of this order be supplied to learned counsel for the parties under the seal and signatures of the Bench Secretary.