| Let water bodies be free from encroachment: HC to Rev Secy, others | | | Early Time Report
Jammu, July 22 : A high court division bench of first puisine judge Ramalingam Sudhakar and Justice B S Walia today directed the revenue secretary, divisional commissioner, Jammu, and chief engineer, irrigation and flood control department, Jammu, to make sure that there was no encroachment of water bodies and rivers. The government must be aware that water bodies and rivers should be free from encroachment in any form to avoid calamities and disasters, the bench said, directing the divisional commissioner to file a report to the registry within eight weeks from the date of receipt of a copy of this order showing steps taken in this regard. The court directive came in a PIL, alleging therein that SOS Harman Gminere School and SOS Children Village School were constructed in a flood prone zone. The schools were alleged to be illegally occupying 80 kanals and eight marlas of 'gair mumkin' river Tawi land. It was also alleged that the school had been constructed without seeking 'No Objection Certificate' from the I&FC CE. After hearing the two sides, the bench observed that the issue was serious in nature as it was concerned with public and students, but I&FC CE, despite the August 15, 2015 representation made to him by the petitioner, had failed to take action. "We are not inclined to admit the petition for a roving inquiry. The petitioner had filed a detailed representation on August 15, 2015 with the I&FC CE , the divisional commissioner and JDA. It is for these authorities to consider the issue on its own merits as is relevant to their department. It is made clear that if any action is proposed to be taken against the respondent, ie school, it be put on notice to avoid allegation of violation of principles of natural justice," the bench said. As regards the construction of school without seeking NOC from the authority concerned and encroachment of the land near river Tawi, the revenue authority would verify it and take necessary action as per law to retrieve the said land if the allegation was found to be correct, the bench said. |
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