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| HC directs JMC, JDA to file status report on findings of Enquiry Officer | | Nikki Tawi violence case | | Early Times Report
JAMMU, Dec 20: In a much publicized case of Nikki Tawi violence when the JDA had gone to remove the illegal structures, a Suo-moto PIL was registered. A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal after examining the report dated 29th October, 2019 submitted by Virender Singh Bhou, 2nd Additional District & Sessions Judge, Jammu directed JMC and JDA to place a status report regarding the action to be taken with regard to the findings of the report of the Enquiry Officer. Such exercise shall be positively completed and placed on record the status report before the next date of hearing.
DB observed that in the Enquiry report submitted by Enquiry Officer that the claim of Vice Chairman, JDA is negated by the statement of Sushma Chauhan, Deputy Commissioner, Jammu that land has been transferred to JDA in Khasra No.235; the JDA has to take coercive steps to fence the open vacant land so as to avert any fresh incident of encroachment and also stop ongoing constructions, if any, on the encroached land; the land under occupation of the petitioners is as per the claims raised by them in the writ petition OWP Nos. 106/19 and 107/19 and there is no exaggeration on this aspect as per report of Deputy Commissioner, Jammu. All the petitioners are illegal occupants of the JDA land/State land/Tawi land".
DB on examination of the aforesaid report said it appears that it is the JDA which has to take a view in the matter as also effective steps regarding removal of encroachments and protection of the land which has been transferred to it and also directed the Government of Union Territory of J&K is also required to examine the report of the Enquiry Officer and take a view in the matter.
DB further observed that time is sought by SS Nanda, Sr. AAG for respondent JMC and Adarsh Sharma, counsel for respondent JDA to examine the report and place a status report regarding the action to be taken with regard to the findings of the report of the Enquiry Officer. Such exercise shall be positively completed and placed on record the status report before the next date of hearing. (JNF) |
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