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| Sawhney files PIL in HC on Shri Amarnath land controversy | | Seeks directions of attaching land by the Court’ | | Early Times Reporter
Jammu | Aug 18
A new twist has been added to the ongoing Amarnath Yatra row today, when A K Sawhney, Advocate and former President of the Bar Association Jammu, filed a PIL (Public Interest Litigation) in the High Court of J&K Jammu, titled A K Sawhney V/s State & Others, wherein the petitioner has sought directions to the State- respondent to restore 39.88 Hectares of Forest land situated at Baltal and Domail to Shri Amarnath Shrine Board. The petitioner also sought direction for implementation of High Court order passed by the Division Bench on May 17, 2005
Advocate in his PIL has also sought High Court directions for reconstituting the Board and pending disposal of the PIL, the land in question may be attached by the Court and kept under the Board of Receivers to be appointed by the High Court and further the respondent No. 2 be directed to disclose the decisions of the All Party Delegation meeting held at Jammu and any recommendations/ report made by the delegation.
In his petition Sawhney, submitted that for the last 48 days there is a complete shut down in Jammu and other Districts like Samba, Kathua, Doda, Udhampur etc and the people of the whole region are protesting against the revocation order passed by the then minority government on July 1, 2008.
The petitioner further submitted that whole of Jammu is on fire from the last about one and a half month, there is a complete Bandh and more so the work in the courts has been paralyzed due to the absence of the lawyers. Sawhney further submitted that there are reports that the Judicial Officers belonging to the Hindu community were threatened and forced to leave the valley due to which they had to seek mass casual leave."
Sawhney further submitted in his PIL that righteous and the legally correct perspective can not be allowed by the State and its authorities to be crushed under the political or public pressure of a region. The right, correct, legally correct position is that the High Court had directed the State and other respondents to provide for the facilities to the Shrine Board, and it was directed to the State and its authorities to divert the Forest land at the disposal of the Shri Amarnath Shrine Board for the benefit of the yatris/ pilgrims, for a specified period but the respondents till date have not implemented the directions of the Court.
He submitted that petitioner being a public spirited person seeks the indulgence of the Court which has now become inevitable, since the State has failed to appreciate the true and right position under law, and has failed to divert the land despite clear directions of the Court and prayed for intervention of the Court to diffuse the tension by addressing the right and just cause of the people. |
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