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| Come up with action plan for removing encroachments: DB directs JMC, UT | | | Early Times Report
JAMMU, Mar 10: In a Public Interest Litigation filed by Jagidsh Chander Gupta to highlight the illegal encroachments by the shopkeepers and other unknown persons in the JDA Shopping Complex, Mohalla Old Hospital Road, near City Chowk, Jammu and also in the area adjoining the same, A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Pankaj Mithal and Justice Sindhu Sharma after hearing Advocate Ajay Sharma and Advocate Meenakshi Salathia for the PIL whereas Advocate Harshwardan Gupta for the JMC and Sr. AAG SS Nanda for the UT, directed respondents to come out clearly with the Scheme as to the action plan drawn for removing all the encroachments by the shopkeepers who have extended their shops on the public way and how the respondents wish to tackle the said problem so that the encroachments once removed may not occur again.
When the PIL came-up for hearing Advocate Harshwardan Gupta and Sr. AAG S S Nanda, counsel for the respondents have filed affidavits and state that the Rules under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 have been notified to be implemented from 29.01.2021 and so is the Model Scheme framed there under.
After going through the affidavit, DB observed that the said Rules and the Scheme is not sufficient to take care of the menace of encroachment by the shopkeepers. DB observed that the petition seeks removal of all encroachments made by the shopkeepers from every shopping complex, Mohalla and Road.
In this connection, one of the status reports reveals that 242 notices were issued to the encroachers for the removal of encroachments but the outcome of the said notices has not been informed so far.
DB after hearing both the sides directed the respondents to come out clearly with the Scheme as to the action plan drawn for removing all the encroachments by the shopkeepers who have extended their shops on the public way and how the respondents wish to tackle the said problem so that the encroachments once removed may not occur again.
DB further directed both the counsel appearing for JMC and UT to file necessary affidavits in this regard within three weeks.
DB further observed that it also appears that Jammu Development Authority (JDA) had issued 38 notices to the shopkeepers having shops in JDA Shopping Complex City Chowk, Jammu who have encroached the corridors but again the final outcome has not been intimated. DB also directed JDA to apprise the Court about it by filing an affidavit by the next date.
—JNF |
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