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DB issues notice to Govt. for encroaching park by PDD
6/13/2008 10:53:53 PM
Early Times Reporter
Jammu | June 13
A Division Bench of J&K High Court Jammu wing comprising Chief Justice KS Radhakrishnan and Justice Sunil Hali issued notice to State of J&K through Commissioner/ Secretary PDD & Ors in Public Interest Litigation filed by the residents of Shastri Nagar against the encroachment of park by PDD for the construction of office.
Deputy AG Shasita Hakim appeared for the state respondent submitted that she wants to have fresh instructions in the matter. Upon this DB directed the registry to list this PIL after vacations.
Kanwarjeet Singh and Ors residents of Shastri Nagar Jammu in their PIL alleged that although the demolition of illegal structure raised by the PDD was conducted on April 17, 2008 in presence of Duty Magistrate, but the said demolition was not completed due to the fact that the official record was lying in the said building. A request was made to the concerned Executive Engineer to remove the official record from the building within four days failing which that the PDD will have no claim on the said record and it shall be their personal responsibility. The petition further said that the illegal encroachment which was partly demolished earlier, the PDD authorities have again started construction work of demolished structure at the behest of concerned Minister who become hostile and furious against the Housing Board who were the instrumental in demolishing the said structure. The PIL seeks direction to respondents AEE and MD J&K Housing Board to complete the demolition process which was initiated on April 17, 2008 by removing the entire illegal construction raised by the PDD authorities and further seeking direction to agencies of the state Government to allow the said park to be used for the purpose as envisaged in the layout plan with the law laid down by the Supreme Court of India with a further direction that the PDD authorities be burdened with exemplary cost to the tune of RS 1 lakh for destroying the ecological balance by raising illegal construction in the said park by flouting all the rules and norms to winds with impunity coupled with the fact that notices issued by the Housing Board have not been given any weightage before raising construction by the PDD.
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