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| DB directs removal of paintings, hoardings from Jammu-Srinagar-Leh NH | | | ET Report
JAMMU, Aug 13: Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi has allowed the much publicized Public Interest Litigation seeking restraint on painting of rocks on Jammu-Srinagar-Leh national highway and issued directions for removal of Hoardings and Paintings from Jammu-Srinagar-Leh National Highway.
This judgment written by Chief Justice MM Kumar for the Division Bench has disposed off a PIL filed by Narinder Singh Ex-Mayor of Jammu Municipal Corporation way back in the year 2002 and directions were sought against the official respondents to ensure that painting on rocks or any other affixation of advertisements in the eco-sensitive Jammu- Srinagar-Leh Highway may not be permitted.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the PIL whereas Aruna Thakur appearing for the respondents, Division Bench observed that on March 20, 2003 a four member Committee was appointed to make on spot assessment of damage caused to the Shivalik Range Hills by advertisements/paintings of rocks between Jammu-Srinagar-Leh National Highway. The Committee was comprised of two Advocates of this Court namely Tashi Rabstan and Mayank Gupta.
The other 2 members were one each from Department of Geology Dr. GM Bhat of University of Jammu and Dr. SK Jain a Scientist from Regional Research Laboratory Jammu. The Committee submitted its report and respondents were given time to file objections if any to the report. Committee examined in detail and found that there were 363 large and small size hoardings along the National Highway which were erected on the rock slopes. The size of the hoardings in most of the cases was 20 feet X 10 feet.
Findings recorded by the Committee are that the damage is extensive to the eco-system on these fragile mountain slopes and riverbeds which sustain mosses and innumerable species of micro-organisms. These geological formations are the repository of geological records of the past millions of years and damage caused to them is irreversible in practical terms. This invaluable geological record should not be damage by allowing any activities of painting for advertisements etc.
In the approved for reporting judgment, Division Bench observed that the respondent-companies must abide by the law laid down in various orders of Supreme Court in case of T.N. Godavarman Thirumalpad vs Union of India and ors. According to the directions issued by the Supreme Court in the aforesaid two judgments it has been specifically noticed that on the basis of a report of a Central Empowered Committee, expenses to remove the un-authorized hoardings and wash the defacing of rocks for advertising their products have to be met by such companies.
Supreme Court was dealing with defacing of rocks by painting advertisements on National Highway. Applying the principles of sustainable development and stopping the activities of this nature, Division Bench disposed off PIL with the directions that those companies, who have defaced the rocks and other sensitive ecological area of the National Highway from Jammu to Srinagar and Srinagar to Leh, must remove the same in accordance with the expert Committee report.
DB also directed that the party-respondents who have not deposited a sum of Rs. 5000/-, must deposit the same with the Registry within two months from today failing which contempt notices would be issued to them for not complying with the directions of this Court in various orders. The official respondents as well as the private respondents shall remain bound by the directions issued by the Supreme Court.
Private respondents and all other companies are restrained from painting the rocks on the National Highway in the State of Jammu and Kashmir. Any violation thereof shall be viewed seriously by the official respondents and any such activity be reported to this Court by filing appropriate application. The Pollution Control Board may also invoke the powers from various provisions of Environment Protection Act, 1986 and initiate proceedings including initiation of criminal prosecution against such agencies.
All the private respondents shall remain bound by the undertaking filed by them that they will not indulge in any environment degradation by resorting to painting the rocks on National and other State Highways of Jammu and Kashmir. The parties, who have not filed the undertaking, shall do the needful within six weeks from today. The Registrar (Judicial) Jammu Wing shall issue all such parties a notice and if they fail to file the required undertaking then it shall be taken as violation of these directions. Then contempt proceedings shall be initiated against all such defaulters.
While parting with the judgment, Division Bench observed that this PIL is closed at this stage with the hope that all official respondents would flung into action and would not leave any stone un-turned to check environmental degradation by paintings of rocks on National Highways. The petitioner is at liberty to move any appropriate application for issuance of any other directions, if such necessity is felt.
It is worthwhile to mention here that then Acting Chief Justice VK Jhanji (since rtd) had imposed costs to more than 40 companies for painting on the rocks on Jammu-Srinagar-Leh National Highway and the four members expert committee had also been constituted by the Bench headed by Justice VK Jhanji. —JNF |
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