Justice Tashi Rabstan of Jammu and Kashmir High Court (Jammu Wing) Thursday directed Commissioner Jammu Municipal Corporation (JMC) and Chief Engineer Urban Environmental Engineering Department (UEED) to file status of petitioner’s representation dated July, 28, 2015 made in the form of a legal notice seeking demolition/removal of encroachments made by Raman Bhalla Former Revenue Minister J&K and others on the Nallah at Satyam Resorts, Village Deeli, Tehsil Jammu South District Jammu in terms of J&K Water Resources (Regulation and Management) Act, 2010.After hearing Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the petitioner/Social Activist Prof. S.K. Bhalla, Justice Tashi Rabstan issued notices to Commissioner/Secretary Housing and Urban Development Department, Commissioner/Secretary Irrigation and Flood Control Department, Divisional Commissioner Jammu, Deputy Commissioner Jammu, Commissioner JMC, Chief Engineer J&K UEED, SE Sewerage and Drainage Circle UEED Narwal Jammu, XEN Sewerage and Drainage Division (West) Narwal Jammu, AEE Drainage Sub-Division No.III (West) Narwal Jammu and Raman Bhalla Former Minister for Revenue J&K Government.
Advocate S.S. Ahmed appearing for the petitioner submitted that Former Revenue Minister has constructed a palatial house adjoining Satyam Resorts, Village Deeli (Jammu) and has also raised a huge bund on the Nallah coming from Trikuta Nagar Jammu for making alternate pathway/entrance to his residence when according to the approved building plan of JMC the entrance is from different side. He further submitted that the alternate pathway was made by the Former Minister by encroaching the Nallah which is not permissible in terms of J&K Water Resources (Regulation and Management) Act, 2010 and as per the mandate of the said Act no maisonary/earthwork can be carried out on a Nallah/Drainage by anybody as any such construction or work can only be undertaken by the concerned XEN/AEE.During the course of arguments Advocate Sheikh Shakeel Ahmed further submitted that the authorities of JMC and UEED preferred to remain silent when the Former Minister made encroachment on the Nallah and the encroached area is being used by the Former Minister for parking and for the picket of the security personnel.Advocate Ahmed strenuously argued that encouraged by the encroachment made by the Former Minister and the criminal silence adopted by JMC and UEED authorities, the other influential inhabitants of the area have also encroached the same Nallah for creating entrance to their commercial establishments like Banquet Halls and the officers/officials of JMC and UEED are required to be proceeded against under J&K CCA Rules, 1956 for allowing such encroachments in broad day light when they are statutorily bound to check and prevent such encroachments on nallahs/drainage/water bodies.
Advocate Ahmed further submitted that the petitioner had on July, 28, 2015 lodged a comprehensive complaint to the JMC and UEED authorities seeking demolition/removal of encroachments made by the Former Minister and others on the Nallah at Satyam Resorts but no action was initiated by the authorities in the matter solely for the reason that the officers/ officials of JMC and UEED want to remain in good books of the Former Minister.After considering the submissions of Advocate S.S. Ahmed, Justice Tashi Rabstan directed Commissioner Jammu Municipal Corporation (JMC) and Chief Engineer Urban Environmental Engineering Department (UEED) to file status of petitioner’s representation dated July, 28, 2015 made in the form of a legal notice seeking demolition/removal of encroachments made by Raman Bhalla Former Revenue Minister J&K and others on the Nallah at Satyam Resorts, Village Deeli, Tehsil Jammu South District Jammu in terms of J&K Water Resources (Regulation and Management) Act, 2010.Looking into the importance of the matter, Justice Tashi Rabstan directed the Registry to list this petition immediately after service is completed. (CNS)