DB directs DC to file affidavit
Jammu August-10-2023-:- In suo-moto cognizance on a news item alleging officers in connivance with offenders had broken the parapet of Fourth Tawi Bridge to provide complete unauthorized passage to illegal encroachments grossly violating the guidelines of the Supreme Court as well as the Roads and Bridges Act, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N Kotishwar Singh and Justice Wasim Sadiq Nargal directed Deputy Commissioner Jammu to file an affidavit as to the steps taken in the light of the order passed by this Court on 15.02.2021.
According to the order passed by Court on 15.02.2021 that iIn compliance to order dated 18.12.2019, a report has been filed by Jammu Development Authority wherein it is being stated that in compliance to order passed by this Court a meeting under the Chairmanship of Principal Secretary to Govt. H &UDD was held on 14.01.2020, attended by Divisional Commissioner, Jammu, Deputy Commissioner, Jammu, Vice Chairman JDA, Commissioner JMC, Director Land Management, JDA and Senior Law Officer, H&UDD in which following decisions are stated to have been taken in the aforesaid meeting that the possession of the land falling in Khasra No. 235 is yet to be transferred to the JDA. To enable JDA to proceed ahead, the Deputy Commissioner, Jammu will have the possession of land falling in Khasra No. 235, along with revenue papers and list of encroachers, handed over to JDA, by 19.01.2020. The VC, JDA will subsequently have the vacant land of Khasra No. 235 fenced and protected by 15th February 2020. Simultaneously, Vice Chairman, JDA will do the ground truthing of the encroachments and prepare an action plan for removal of encroachments in consultation with the Deputy Commissioner, Jammu.
The Deputy Commissioner, Jammu have all the land which are the subject matter of PILs and the Enquiry report [falling under other Khasra Nos. 290, 295,301,302,303 and 297 etc. downstream fourth Tawi-Bridge] transferred and possession handed over to JDA by 25.01.2020. Necessary corrections in the records will be got effected by the Deputy Commissioner, Jammu to reflect the correct legal position-ownership as well as the occupation of the land parcel.
The Vice Chairman, Jammu Development Authority shall also similarly have the vacant land fenced and submit an action plan for removal of illegal encroachments made over the JDA land through Divisional Commissioner, Jammu.
The Vice Chairman, Jammu Development Authority shall also ensure that no construction/further encroachment shall be allowed in above mentioned land parcels. To prevent further encroachments, all effective steps for stopping fresh construction, photography of the same and registration of FIRs in these areas shall be got done under the direct supervision of Director Land Management. It was noted that in compliance to Govt. Order No. NDJ (Rev) 46 of 1973 dated 28.01.1973, all the State land within the notified area of Master Plan, Jammu 2032 is to be transferred to Jammu Development Authority. While some initiative was taken, it has not assumed finality. This needs to be completed in a time bound manner, it was decided that the VC JDA in consultation with the Divisional Commissioner, Jammu and Deputy Commissioner, Jammu will prepare a schedule to complete the exercise or transfer of JDA land and its fencing in 3 months. Important and valuable land parcels shall be immediately got completed by 29th February, 2020. The Divisional Commissioner, Jammu will provide the necessary supervision and guidance wherever required.” It is being stated that in furtherance of the aforesaid decisions various measures and steps were taken by the Director Land Management, JDA whereby Deputy Commissioner, Jammu was requested for providing assistance of concerned revenue staff for enforcement of decisions inasmuch as, for demarcation and handing over of land downstream Fourth Tawi-Bridge, Jammu. The Vice Chairperson, JDA is also stated to have vide communication dated 24.08.2020 requested the Deputy Commissioner, Jammu for passing on directions to the concerned Revenue Offices in this regard. No response is stated to have been received from the office of Deputy Commissioner, Jammu.
It is being next stated that in furtherance of decisions taken in the aforesaid meeting on 14.01.2020, the officials of Jammu Development Authority visited Javaid Nagar in order to fence the vacant land and also for installing signboards which attempt is stated to have been resisted by a mob on spot by stone pelting, injuring various JDA employees. A request for registration of an FIR is also stated to have been made in this behalf on 17.01.2020 by JDA to Inspector General of Police, Jammu. The Deputy Commissioner, Jammu is stated to have imposed Section 144 Cr.P.C in the said area.
Upon this on that DV Directed Sr. AAG to file a detailed response supported by an affidavit of Deputy Commissioner, Jammu and Inspector General of Police, Jammu in regard to above by or before the next date of hearing. It is impressed upon the Deputy Commissioner, Jammu to provide and render all assistance to the Jammu Development Authority in enforcing the decisions taken on 14.01.2020.
When the PIL came-up for hearing, Division Bench comprising Chief Justice N Kotishwar Singh and Justice Wasim Sadiq Nargal after hearing both the sides observed that this court on 15.02.2021 passed certain directions on the basis of the report submitted by the Jammu Development Authority which showed that there was a meeting held on 14.01.2020 under the Chairmanship of Principal Secretary to Government, H&UDD and certain decisions were taken with including a request to the Deputy Commissioner Jammu for issuing necessary directions for carrying out the decision. However, no response was received from the Deputy Commissioner, Jammu.
DB further observed that the State counsel also cannot tell as to whether any such response has been filed by the Deputy Commissioner.
Upon this DB directed the Deputy Commissioner, Jammu, may file an affidavit as to the steps taken in the light of the order passed by this Court on 15.02.2021.
DB further directed that in the affidavit, the Deputy Commissioner may also mention about the other steps required to be taken in terms of order dated 15.02.2021.
DB further observed that as per the aforesaid report, the Inspector General of Police was also directed to file an affidavit /report regarding the resistance by a mob against the fencing of the vacant land and also against installing the signboards, but the same has not been done and directed him to do so before the next date. JNF