EARLY TIMES REPORT
JAMMU, Aug 21 (JNF): In a much publicized case of Niki Tawi violence that broke after a JDA team had gone to remove the illegal structures, a Division Bench of J&K High Court comprising Chief Justice Gita Mittal and Justice Vinod Chatterji Koul, granted last opportunity to the JDA to file the status report in terms of the order dated 18th December 2019 subject to payment of costs of Rs 10,000 which shall be deposited with the Advocate’s Welfare Fund within two weeks from today. Proof of deposit shall accompany the status report which shall be filed within four weeks.
On December 18, 2019, Division Bench had examined the report dated: 29th October, 2019 submitted by Virender Singh Bhou, 2nd Additional District & Sessions Judge, Jammu. In para No 10 of the report, Bhou has given the findings 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; 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, 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. DB 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.
When the matter was listed today, Division Bench observed that respondents have still not filed the status report regarding the action to be taken with regard to the findings of the report of the Enquiry Officer in terms of our order dated 18th December 2019 and granted last opportunity to the respondent No. 5-JDA to file the status report in terms of the order dated 18th December 2019 subject to payment of costs of Rs 10,000 which shall be deposited with the Advocate’s Welfare Fund within two weeks from today. JNF
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