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DB issues directives to check 'encroachment along Tawi banks
12/1/2015 11:18:50 PM
Early Times Report
Jammu, Dec 1: In a Public Interest Litigation (PIL) filed by Jammu Consumer Council seeking direction to stop encroachment on the Forest land in the Ram Nagar sanctuary or on any other area and also seeking direction to Jammu Municipality to stop operation of Mixers, a Division Bench (DB) of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat issues various directions to develop the preserve forest on both the sides of river Tawi.
The division bench observed that during the pendency of the petition directions with regard to some prayers were complied with and the only question which remains to be considered is with regard to the prayer regarding the direction to develop the forest on both the sides of river Tawi.
Division Bench also observed that status reports were directed to be filed. In pursuance to the direction issued by the Court status report dated 21/09/2015 been filed wherein in it is stated that the forest land along the Tawi River exist from Sidhra Bridge to Har-Ki-Poudi area. In a course of flow of river the right bank is fenced by the Wildlife Department and plantation has been raised. On the left bank of river near Golf Course, the Forest Department has established a closure under CAMPA after removing encroachments and adjacent to this closure, Social Forestry Department has also established a closure to protect the forest land. The establishment of closure and by fencing, the area retrieved has been protected." The status report also mentioned that 7582 kanals and 18 marlas of land has been retrieved from encroachment.
Further the Division Bench further observed that counsel appearing for the petitioners submitted that the area mentioned in the status report is limited and there are other areas also which need protection from encroachment and to be developed by the Forest Department. Division Bench said that the petitioners are granted liberty to approach Commissioner / Secretary Forest expressing the grievances which are still available and if any such representation is submitted, and directed Commissioner / Secretary to consider the same regarding the removal of encroachment and develop forest along river Tawi within a period of three months from the date of receipt of such representation. With these observations, Division Bench disposed of the PIL. In the PIL petitioner has sought direction to the respondents to develop the Forest on both sides of the Tawi River on the State and Forest land and also seeking direction to respondent to stop converting of any park, garden, green field or pond in Jammu City into a pacca structure including Lala Hans Raj Park, Opp Gurudwara Sunder Singh. (JNF)
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