Wednesday, February 26, 2014

High Court stays construction over water body at Kunjwani Talab


A PIL was filed by capt. Narendra Singh, Balwant Singh, Daljit Singh, Bua Ditta Mohd. Hussain, Gulam Fareed, Ludhar Mani, Om Nath and Karnail Singh through B. R. Chandan, Advocate.

The Relevant Extract of PIL reads

"3. That recently the J&K water and resources management Act, 2010 has been passed by the Govt. of J&K wherein Section 3 of the Act says that every water body or natural resources has been declare as the property of the Govt. No individual, society or organization community or religion has any right to encroach and use the same for their personal benefits. Section 3 of the act is reproduced as under for the kind perusal of the Hon'ble Court.
(a) Every water source in the State is, and shall remain, the property of the Govt. and any proprietary ownership or any repair or usage right on such water resources vested or any individual, group of individuals or any other body, corporation, company, society on community shall, from the date of the commencement of the Act be deem to have been terminated and vested with the Govt.
(b) No person shall use any water from any source (surface or ground) or collect or extract any material from such water resources except in provision of the Act. Section 4(ab)- Prevention of encroachment of existing of water bodies and deterioration of water quality in the such water bodies and deterioration of water quality in such water bodies due to the pollution.

4. That the petitioner aggrieved of the senseless and unbridlled encroachments by the land grabbers of the water bodies as a result of which depletion of water level because of shrinking traditional water bodies and seasonal Nallahs narrowing downs of rives beds, khads and other green covers or constrained to invoke the jurisdiction of this Hon'ble Court for conservation, preservation and protection of water bodies and the land appurtenant to it with green cover after setting the natural resources free from land grabbers. Criminals and other miscreants having bureaucratic nexus and even the patronization of the political mentors, in the interest of public and existence of society as a whole it has been learned in reports appearing in a newspapers and also from reliable sources that the reliable sources that the green cover in and around the Jammu City and in the Kandi Area in particular is fast shrinking water bodies almost and the land attached to the water bodies is almost extinguished being encroached water active patronization of the bureaucratic and politicians which ultimately has endangered the inhabitation and in other may has invited the natural disaster. The land grabbing and illegal encroachment of the natural resources is at peak where as those interest with protection of the same or either mute spectator or have connive or execution of the nefarious designs of the miscreants and the enemies of the human existence. The traditional water bodies, seasonal ponds, shappris and other water reservoir and the green cover appurtenant to it have almost made their traditional sources of water and greenery to disappear from the scene just to satisfy their unending desires and lust for money. The nefarious motive of the miscreants and land grabbers who have eaten the green gold of over area and their could not possible without the could not possible without the could not possible without the guidance and active support of the guidance and active support of the bureaucrats and politicians and accordingly those are responsible for recklessness destructions of our mutual resources (water bodies) deserves to be penalize for the same Division Bench of J&K Court comprising of Chief Justice M.M. Kumar & justice D.S. Thakur passed the following order."

Hon'ble Mr. Justice M. M. Kumar,Chief Justice
Hon'ble Justice Dhiraj Singh Thakur, Judge
Appearing counsel:
For the petitioner (s): Mr. B. R. Chandan, Advocate.

1. Learned counsel for the petitioners has placed reliance on the judgment of Hon'ble the Supreme Court rendered in Jagpal Singh and others v. State of Punjab and others, AIR 2011 SC, 1123 (P1) and has argued that the water bodies in the village should be protected from the encroachers. Mr. Chandan has drawn our attention the observations made in para 7 and 8 of the judgment to support his contentions.

2. Notice of motion.

3. Mr. Ravinder Sharma, AAG vice Mr. H.A. Siddiqui,AAG accepts notice. Let copy of the paper book be handed over to the learned State counsel.

4. Reply, if any, be filed within six weeks with a copy in advance to the counsel opposite.

5. List on 01.04.2014.

6. In the meanwhile, construction over the water body known as kunjwani Talab situated at village Deeli, Jammu shall remain stayed."

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