HC reiterates removal of illegal Const, sand-mining from Tawi

TNN Bureau. Updated: 7/22/2018 8:33:14 AM Front Page

JAMMU: A Division Bench of State High Court Comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta today directed for removal of the illegal construction near River Tawi Bed, besides asking for ensuring the compliance of its ban on sand mining from the river.

The court, while hearing a Public Interest Litigations highlighting various issues involving the conservation/preservation of River Tawi, also observed that there was a strong nexus between mining mafia and the authorities of Jammu Municipal Corporation, Jammu Development Authority, Geology & Mining Department as well as police authorities and the persons who are undertaking illegal construction around the bed of river Tawi despite complete ban by this Court in 2016 on such activities right from Nagrota to Belicharana.

The court also directed Divisional Commissioner, Jammu to personally convene a meeting of concerned officers of Police Department, JMC; JDA; Tourism Department, Housing & Urban Development Department, Geology & Mining Department, Irrigation & Flood Control Department, J&K Economic Reconstruction Agency (ERA) and National Building Construction Corporation, so as to ascertain whether the previous orders passed by it have been complied with or not and file a compliance report to this effect on the next date of hearing.

The DB further issued detailed directions of Divisional Commissioner, Jammu to make full proof arrangement so that no illegal extraction of mineral mining is done any more from river Tawi as also no illegal construction is made around the bed of river Tawi.

“Concerned agencies be directed to make survey and forthwith remove/dismantle the illegal constructions/encroachments, whether residential or commercial, which have been made or is being made on the State land near bed of River Tawi right from Nagrota to Belicharana up to Phalai Mandal and positively file a compliance report before this Court on the next date of hearing,” it ruled.

In identifying the illegal construction, the court asked Divisional Commissioner to take the help of Members of Monitoring Committee, which has specifically stated in its latest status report that even after the ban of illegal construction, the same is being done clandestinely.

DB further directed Divisional Commissioner, Jammu shall also identify all constructions coming and falling on either side of River Tawi, from its fringe line, either Government or individual, whether such constructions are authorized/unauthorized, and prepare a list of such constructions, so that such constructions are removed. Those constructions, which are authorized one, shall be compensated and rehabilitated at some other place, as has been done in case of Dal Lake dwellers. It is further directed that after undertaking the process of preparation of list of constructions and removal thereof, the vacant land shall be handed over to Parks and Gardens Department of Jammu and Kashmir State Government for beautification of river Tawi bed, besides producing the list on affidavit of all such constructions including removed/dismantled on the next date of hearing.

Directing NBBC and Project Manager JK ERA to file fresh status report, the court said that failure in complying/obeying the above directions well before the next date of hearing, would amount to contempt of Court and the concerned officers/officials shall accordingly be proceeded against for commission of contempt of Court.


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