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| 8PIL on potable drinking water | | DB takes serious note of Govt counsel’s non-appearance | |
EARLY TIMES REPORT
JAMMU, Oct 1 (JNF): While hearing a Public Interest Litigation (PIL) filed by Syed Iqbal Tahir with regard to non-availability of potable drinking water, a Division Bench of J&K High Court comprising Chief Justice Gita Mittal and Justice Puneet Gupta took serious note of Govt counsel’s non-appearance in the case and directed Chief Secretary and the Secretary, Law Department, Union Territory of Jammu and Kashmir, to ensure that henceforth, a more efficient practice in the interest of government is adopted.
When the PIL came-up for hearing, DB observed that the respondents have neither filed the reply nor are they represented before us.
Upon this DB Directed the Commissioner / Secretary to Government, Jal Shakti Department, Union Territory of J&K, to remain present in person on the next date of hearing.
DB also observed that despite service of advance notices / copies of the petitions, counsels appearing for the official respondents are never prepared to make submissions in opposition, resulting in completely unnecessary delays.
DB further observed that it appears that no effort is made to obtain instructions from Government departments to assist the Court on the first date of hearing and it is taken for granted that notices would be issued in a routine. No effort is made to oppose the matter. As a result, interim orders which have serious repercussions (for instance stays of land acquisition for large infrastructure projects; stay of selection processes which have been conducted after following long procedures; stays of transfers and posting orders; interim protection to encroachers amongst others) results.
DB found that these cases remain pending for decades. As a result illegalities are perpetuated for decade's together having the heavy burden on the public interest as well as public exchequer. Serving advance copy before filing means that a counsel representing the respondents is well prepared to assist the Court. This is the practice followed in other courts.
DB directed that a copy of this order be served upon the Chief Secretary and the Secretary, Law Department, Union Territory of Jammu and Kashmir, to ensure that henceforth, a more efficient practice in the interest of government is adopted. JNF |
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