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DB dismisses PIL with Rs 20,000 cost to petitioner in Kahcharai land case 4/8/2014 10:26:59 PM Jammu, Apr 8: In a Public Interest Litigation (PIL) regarding construction of Temple in 176 Kanal 11 Marla Kahcharai Land, Division Bench (DB) of J&K High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar dismissed the PIL with costs Rs 20,000 to petitioner Charan Dass who claims to be Chairman of Village Ser Manjala Tehsil Ramnagar District Udhampur. While dismissing the PIL, Division Bench after hearing Adv Anil Verma for the PIL whereas AAG HA Siddiqui for the State whereas Adv Baldev Singh for the respondents observed that a perusal of directions issued by Supreme Court, would show that there is complete ban on any unauthorized construction of any religious institution like temple, church, mosque or Gurudwara on public space/ public street. In respect of unauthorized construction of any religious nature, which has taken place in past, the state Govt shall be at liberty to review the same and take appropriate steps, the Division Bench further observed that theses directions were issued by Supreme Court after full hearing to all the state including the state of J&K. Upon this Division Bench directed Deputy Commissioner Udhampur is under obligation to comply with the direction issued by Supreme Court and Government Order dated August 16, 2010 enacted by the state. DB further observed that if any construction has been raised after September 29, 2009, then the same has to be demolished. DB directed that Deputy Commissioner shall do the needful and pass appropriate orders within four weeks. With these observations, Division Bench dismissed the PIL with costs Rs 20,000 for misusing the trust of the court by styling the instant petition as PIL whereas he wanted protected himself against any order which might be passed by the CJM Court on the complaint filed by the respondents. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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