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| DB disposes off PIL on encroachment of land at Patnitop | | |
JAMMU, MAY 26
Division Bench of Jammu and Kashmir High Court, Jammu wing, comprising Justice Nisar Ahmed Kakru Chief Justice (Acting) and Justice YP Nargotra today disposed off the pending PIL regarding encroachment of land and other developmental activities at Patnitop after the statement of Amicus-Curiae Mr. DC Raina that directions of the Court have been carried out substantially. None the less, if anything remains to be done, necessary steps shall be taken. With these observations, DB disposed off the much publicized PIL filed in 2004 along with nine CMPs.
Earlier, the DB headed by the then Chief Justice BA Khan had directed Divisional Commissioner Jammu, Deputy Commissioners Udhampur and Doda, Chief Conservator of Forest and CEO Patnitop Development Authority to take immediate steps for demarcation of the territorial limits of Patnitop resort and the area falling within the jurisdiction of PDA, for its fencing to secure the area and prevent any further encroachment in the area.
In October last the Division Bench comprising the then Chief Justice had shown its dissatisfaction over the reply of CEO PDA, who was present in the Court and had issued show cause notice as to why the proceedings against him for disobedience of the Court orders would not be initiated. This order was passed when DC Raina submitted his report regarding the on spot inspection of Patnitop area to verify the status of compliance shown by CEO PDA. In the inspection report the Court Counsel who along with three other persons had visited the Patnitop on June 21, 2006, submitted that, it was quite disturbing to see that a full fledge public meeting was going on in the Patnitop area by a political party. The people had parked their vehicles in haphazard manner on the road-side, virtually jamming the entire area and bringing the traffic moment to a stand still. The loud-speakers were placed on the top making the entire environment of the area very noisy. Hardly any police officer, traffic cop or any official of the PDA was seen in the area, the littering was also apparent. Though apparently there appeared to be some improvement regarding cleanliness of the area, but only one factor had completely spoiled the natural and climatic impact of the Patnitop area and that was the unmanaged road-side parking and holding of public meetings in the tourist area, making the calm atmosphere loudly and noisy, besides huge dumps of the garbage and plastic wastes were found in the forest area, thus disproving the claims of the authorities regarding the cleanliness of area. DB had asked Chief Secretary to ensure that no public/ group meetings allowed at Patnitop.
On Friday, the Division Bench after the statement of Amicus-Curiae DC Raina’s report disposed off this long pending much publicized PIL
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