Jammu), February-27-2023-( JNF):- In a Public Interest Litigation (PIL) regarding illegal constructions being carried around Railway Station at Katra, A Division Bench of Jammu & kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Moksha Khajuria Kazmi, directed Deputy Commissioner Reasi to file Action Taken Report shall also include the action taken regarding the unauthorized constructions of 339 buildings which have come up in violation of Master Plan.
When the PIL came-up for hearing, DB after hearing battery of lawyers from both the sides observed that This court vide order dated 03.12.2018, inter alia, has issued following directions: The record also contains reference to 71 persons who have raised constructions on agricultural land without receiving any permission for change of user for commercial or residential purpose. This was in the teeth of Section 13 of Agrarian Reforms Act 1976. Notices stand issued to the said persons, but no action has been taken for the violations.
We make it clear that we shall take a strict view against any person or authority found violation the requirements of law. Only such deviations which are covered under the prescriptions of the above judicial pronouncement and additionally covered under Regulation 11 of the Regulations, 1998 can be made the subject matter of compounding and not others.
We are informed by Mr. S. S. Nanda, learned Sr. AAG that in the report No.41 filed under the signatures of Mr. Ghulam Rasool, Executive Engineer Local Bodies Div-II Jammu, pursuant to ENIT dated 21st April, 2018, the official respondents are in the process of finalization of the matter in favour of the successful bidder namely M/s JBR Technologies Pvt. Ltd. The matter shall be expedited so that establishment of Integrated Solid Waste Management Project at Katra is not delayed any further. A status report in this regard shall be filed before us before the next date.’
We are informed that Mr. S, S. Nanda, learned Sr. AAG has not filed the compliance of the order dated 03.12.2018 with regard to paras 8, 9 and 12.
He shall file the latest ATR/Compliance report with regard to above by or before the next date of hearing. A status/compliance report on behalf of the Deputy Commissioner, Reasi with regard to the sealing process had been filed on 10.11.2014. The relevant paras of the said compliance report are: That, out of 70 cases of violations under section 13 of Agrarian Reforms Act, 53 replies have been received and the replies to the notices are still pending from 17 violators. And in the interest of justice one more opportunity is being provided to them to file the replies to the notice.
That answering respondent vide this office No:DC/Rsi/ARA/94- 96 dated:24-07-2014 has constituted a committee comprising of Addl. Deputy Commissioner, Reasi and Assistant Commissioner (Rev) Reasi to scrutinize the replies and recommend further course of action in the light of Agrarian Reforms Act and Rules made there under, in view of the directions of Hon’ble High Court.
That the committee also co-opted SDM Katra and Tehsildar Katra and furnished the report in respect of 53 cases on 7-11- 2014 which is enclosed as Annexure “E”.
That the report of the Committee is under examination in the office of answering respondent and it is prayed before the High Court that the answering respondent may be given reasonable time to take further action in accordance with the Agrarian Reforms Act and rules made thereunder and submit action taken report to the Hon ‘ble High Court, in view of ongoing election process as also relief and rehabilitation work.”
DB observed that ostensibly, the compliance filed by the Deputy Commissioner, Reasi would show that the Deputy Commissioner had to take action in accordance with the Agrarian Reforms Act with regard to 70 violators and directed that the Action Taken Report evince the action taken with regard to above violations.
DB further directed the Action Taken Report shall also include the action taken regarding the unauthorized constructions of 339 buildings which have come up in violation of Master Plan. JNF