JUDGMENT : Tashi Rabstan, J : 1. In terms of order dated 17.07.2018, Mr. Sanjeev Verma, Divisional Commissioner, Jammu; Mr. Vivek Gupta, Sr. Superintendent of Police, Jammu; Mr. Arvind Kotwal, Commissioner, Jammu Municipal Corporation; Mr. Rajesh Chavan, Vice Chairman, Jammu Development Authority; Ms Maneesha Sareeh, Joint Director, Geology & Mining Department and Chief Engineer, Irrigation & Flood Control Department are present in person. 2. Mr. Natnoo stated at the Bar that he was under this impression that the instant matter would be taken up at 11 AM, as such the Director, Tourism Department could not make it at 8:30 AM when the matter was taken up for hearing. In view of statement of Mr. Natnoo, no action is being taken against the Director, Tourism Department. 3. Today when this matter was taken up for hearing, Sr. Superintendent of Police, Jammu filed the status report. Members of the Monitoring Committee, constituted by this Court, have also filed the latest fortnight report. 4. A perusal of status report filed on behalf of National Building Construction Corporation (NBBC), respondent No.8 in WPPIL No.19/2012, with regard to underground sewerage work in the City of Jammu reveals that the same is up to the period 14.11.2017. With effect from 14.11.2017 to till now more than eight months have elapsed but nothing has been stated that how much work has been completed during this period with regard to underground sewerage work nor the status report indicates when the whole work is going to complete. It has also not been indicated whether the entire city has been connected to the underground sewerage network or not and to what extent and which portions of the city have been left out, if any, as directed by this Court in its order dated 14.11.2017. 5. The report further reveals that on the assurance of State Government for providing the balance funds from Swatch Bharat Mission and its own resources, the work of Laterals has been started and the tenders of House Connections will be invited in two weeks. Since the status report is dated 12.12.2017, as such NBBC is directed to file fresh status report with complete and up-to-date information as discussed in paragraph-4 above. 6.
Since the status report is dated 12.12.2017, as such NBBC is directed to file fresh status report with complete and up-to-date information as discussed in paragraph-4 above. 6. Members of the Monitoring Committee have also filed the latest fortnight status report bringing to the notice of the Court that the Committee made surprise visits regarding the subject matter of instant petitions on 04.07.2018, 12.07.2018 and 14.07.2018 and it was found that construction activities were going on clandestinely on the State land near bed of River Tawi in Nikki Tawi area at Belicharana, near 4th Tawi Bridge; the construction seemed to be of residential as well as commercial in nature, located in the area around the river, which clearly shows that the authorities under Jammu Municipal Corporation and Jammu Development Authority are not taking any serious steps for preventing the encroachment of State land, rather are directly facilitating such illegal construction on the State land around the bed of river Tawi in blatant violation of orders of this Court. However, it is reported that due to intermittent rain and rise in water level of river Tawi, no further illegal activity of extracting minor minerals from the river was found by the Committee. 7. Mr. S. S. Ahmed, Advocate, also stated at the Bar that despite the ban order of this Court, not only illegal construction around bed of river Tawi, even extraction of minor minerals have been going on in river Tawi in connivance with the authorities of Jammu Municipal Corporation, Jammu Development Authority, Geology & Mining Department and police authorities. He further stated that today morning when he was coming to the Court, he himself is a witness to illegal mining in river Tawi. 8. Taking into consideration the status report filed by the Members of Monitoring Committee as well as the statement of Mr. Ahmed, it seems there is a strong nexus between mining mafia and the authorities of Jammu Municipal Corporation, Jammu Development Authority, Geology & Mining Department as well as police authorities and the persons who are undertaking illegal construction around the bed of river Tawi despite complete ban by this Court on 17.11.2016 on such activities right from Nagrota to Belicharana. 9.
9. In the given circumstances, we deem it proper to pass the following directions: i. Divisional Commissioner, Jammu is directed to personally convene a meeting of concerned officers of Police Department, Jammu Municipal Corporation; Jammu Development Authority; Tourism Department, Housing & Urban Development Department, Geology & Mining Department, Irrigation & Flood Control Department, J&K Economic Reconstruction Agency (ERA) and National Building Construction Corporation, so as to ascertain whether the orders passed by this Court on 29.07.2016, 17.11.2016, 28.12.2016, 06.02.2017, 17.07.2017, 25.08.2017, 25.09.2017 and 01.11.2017 have been complied with or not. Let compliance report to this effect be filed on the next date of hearing. ii. Divisional Commissioner, Jammu is directed to make full proof arrangement so that no illegal extraction of mineral mining is done any more from river Tawi in terms of order dated 17.11.2016 as also no illegal construction is made around the bed of river Tawi. iii. Divisional Commissioner, Jammu is also directed that concerned agencies be directed to make survey and forthwith remove/dismantle the illegal constructions/encroachments, whether residential or commercial, which have been made or is being made on the State land near bed of River Tawi right from Nagrota to Belicharana up to Phalai Mandal and positively file a compliance report before this Court on the next date of hearing. Even such a concern was also earlier shown by a Division Bench of this Court while delivering judgment in WPPIL Nos.19/2014 and 20/2013, in case, titled as, Balbir Singh vs State & others, decided on 12.02.2016, whereby it was directed that for preserving the sanctity of river Tawi from being polluted by the waste and toxic water emanating from authorized/unauthorized colonies alongside river Tawi, stringent and effective measures be taken positively within a period of two months from the date of judgment, i.e., 12.02.2016. iv. It is further directed that in identifying the illegal construction, Divisional Commissioner to also take the help of Members of Monitoring Committee, which has specifically stated in its latest status report that even after the ban of illegal construction, the same is being done clandestinely. v. Respondent-State through Divisional Commissioner, Jammu shall also identify all constructions coming and falling on either side of River Tawi, from its fringe line, either Government or individual, whether such constructions are authorized/unauthorized, and prepare a list of such constructions, so that such constructions are removed.
v. Respondent-State through Divisional Commissioner, Jammu shall also identify all constructions coming and falling on either side of River Tawi, from its fringe line, either Government or individual, whether such constructions are authorized/unauthorized, and prepare a list of such constructions, so that such constructions are removed. Those constructions, which are authorized one, shall be compensated and rehabilitated at some other place, as has been done in case of Dal Lake dwellers. It is further directed that after undertaking the process of preparation of list of constructions and removal thereof, the vacant land shall be handed over to Parks and Gardens Department of Jammu and Kashmir State Government for beautification of river Tawi bed. Such directions have already been passed in paragraphs-9 & 10 on 17.11.2016 in the instant petitions. vi. Divisional Commissioner, Jammu to produce the list on affidavit of all such constructions including removed/dismantled on the next date of hearing. vii. In case any officer/official of law enforcing agencies, particularly Police Department, Geology & Mining Department, Jammu Development Authority, Jammu Municipal Corporation, Irrigation & Flood Control Department is found involved in facilitating such illegal activities of construction and mineral mining, Chief Secretary of the State is directed to take stern action against such officer(s) and even demote such person(s) from his/her present place of posting. viii. NBBC is also directed to file fresh status report in terms of paragraphs 4 & 5 (supra) of this order on the next date of hearing. ix. Project Manager, J&K ERA is also directed to file the status report. 10. In case of failure in complying/obeying the above directions well before the next date of hearing, the same shall amount to contempt of Court and the concerned officers/officials shall accordingly be proceeded against for commission of contempt of Court. 11. Personal appearance of officers is exempted till further orders. 12. Registrar (Judicial) is directed to provide a copy of this order positively by tomorrow to Mr. S.S. Nanda, Sr. AAG, Mr. Ravinder Gupta, AAG and Mr. F. A. Natnoo, AAG. He is also directed to supply a copy of this order to Chief Secretary of the State and Divisional Commissioner, Jammu. Registry to also reflect the name of Mr. Natnoo in the cause list. 13. List on 07th September, 2018.