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2018 DIGILAW 581 (JK)

SAVE through its Chairperson v. State of J&K

2018-07-31

DHIRAJ SINGH THAKUR, SANJAY KUMAR GUPTA

body2018
JUDGMENT : 1. By virtue of order dated 18.07.2018, this Court had desired the Divisional Commissioner, Jammu to explain as to in what context an amount of Rs. 5,40,15,500/- was demanded to be paid in regard to land, which admittedly was state land. 2. The Divisional Commissioner, Jammu has filed a compliance report dated 26.07.2018, wherein a stand is taken that the demand for money was on account of some mistake, which has accordingly been rectified and conveyed to the Financial Commissioner, Revenue, in terms of communication dated 21.07.2018. It is also made clear that the indicative value involved in the transfer of land conveyed vide communication dated 14.06.2018 is not to be charged since the transfer of land is department to department and hence the value involved shall not be considered for any practical purpose. 3. If that be so, learned counsel for the parties agree that there is no impediment whatsoever for the Corporation to take over possession of the land measuring approximately 97 kanals for making operational and functional the cattle pound. 4. Keeping in view the aforementioned facts, the matter is adjourned for two weeks. Meanwhile, within the aforementioned period, the Municipal Corporation shall ensure that the possession of land in question is taken over with the assistance of the Sr. Superintendent of Police, Jammu. The Corporation shall take further steps, as are deemed necessary to ensure that there is no encroachment from any quarters and the property is fenced or boundary wall erected. 5. The Divisional Commissioner, Jammu as well as the Commissioner, Municipal Corporation, Jammu shall file an affidavit with regard to the compliance of this order by or before the next date of hearing. 6. With regard to the second issue of tagging of stray and other animals, Mr. S. S. Nanda, Sr. AAG assisted by the Municipal Veterinary Officer, stated that instead of external tags, internal tags would be better for purposes of monitoring the stray animals and, therefore, the organization be permitted to do the same. The issue with regard to whether or not the tagging has to be external or internal is a matter, which falls in the domain of the Municipal Corporation and may decide the same accordingly. The Municipal Veterinary Officer assures the Court that the tagging process shall be completed within a period of one month. Ordered accordingly. Post on 04.09.2018. 7. The issue with regard to whether or not the tagging has to be external or internal is a matter, which falls in the domain of the Municipal Corporation and may decide the same accordingly. The Municipal Veterinary Officer assures the Court that the tagging process shall be completed within a period of one month. Ordered accordingly. Post on 04.09.2018. 7. The Member Secretary to Pollution Control Board shall also appear in person before this Court on the next date of hearing along with the affidavit in terms of order dated 18.07.2018.