In a Public Interest Litigation (PIL) seeking improvement of infrastructural facilities at all the cremation grounds in Jammu, Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Vinod Chatterji Koul imposed costs Rs 10000 to JMC for not fillinmg reply.
When the PIL Came-up for hearing, DB observed that Notice was accepted in this matter as back as on 17th February 2020 when time was taken by Mr. Nanda, Sr. AAG to file reply. DB further observed that more than six months have passed without filing reply and petitioner has raised serious issue with regard to pathetic state of the infrastructure and conditions of the cremation grounds in Jammu.
DB observed that a judicial notice can be taken on deplorable state in which the cremation grounds exist and it is today stated that copy of the petition is not available with counsel for the respondents.
DB said that this is completely unacceptable and directed Adv Sumit Nayyar serve another copy upon counsel for the respondents, within two days from today and directed that reply shall be positively filed within four weeks from today subject to payment of costs of ? 10,000/- which shall be deposited with the Advocates’ Welfare Fund within one week from today.
DB further directed that copy of this order shall be served upon the Commissioner, JMC, Jammu with a direction that immediate action plan with timeline be drawn up for improving the conditions of cremation grounds and shall be placed before this Court within four weeks from today and proof of deposit of costs shall accompany the response to be filed by the JMC Jammu. The response shall be taken on record only if it is accompanied by such proof. JNF