JAMMU: In a significant order, Justice B.S. Walia of Jammu and Kashmir High Court (Jammu Wing) Monday directed Commissioner Jammu Municipal Corporation (JMC) and Chief Engineer Urban Environmental Engineering Department (UEED) to file reply as well as status report within one week of petitioners representation dated July, 28, 2015 seeking demolition/removal of encroachments allegedly made by Raman Bhalla Former Revenue Minister J&K and others on the Nallah at Satyam Resorts, Marble Market, Village Deeli, Jammu.
Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the petitioner submitted that both JMC and UEED authorities are acting as mute spectators and are just passing bucks on each other and no action till date has been initiated against the Former Revenue Minister solely for the reason that he is highly influential and officers of JMC/UEED are reluctant to take action against him. He further submitted that since big shark is involved as such there is no headway in the matter otherwise directions were issued in this matter on September, 3, 2015 to the JMC as well as UEED to file the status of the petitioners representation dated July, 28, 2015 seeking demolition of the encroachments raised by Former Revenue Minister and others near Satyam Resorts, Marble Market, Jammu but till date the requisite status report has not been filed and today again more time is being sought to shield the misdeeds of the Former Revenue Minister.
On the other hand Senior AAG S.S. Nanda while resisting the arguments of Advocate S.S. Ahmed sought further two weeks time to file the reply as well as the status report which was strongly resisted by Advocate S.S. Ahmed on the plea that already much time has been consumed by the JMC/UEED and he strenuously argued that both JMC Commissioner and Chief Engineer UEED be called in person before the court so that they be asked about the inaction on their part in not taking action against the big fish.
After considering the submissions of Advocate S.S. Ahmed, Justice B.S. Walia according to CNS put a query to him in the open court as to whether the court order dated September, 3, 2015 was delivered upon the JMC/UEED for implementation. Upon this Advocate S.S. Ahmed submitted that it was on September, 10, 2015 the directions of the court were served upon the Municipal Commissioner Jammu and Chief Engineer UEED through registered post and Advocate Ahmed exhibited the communication dated 10-09-2015 and the postal receipts in the open court and after going through the same Justice B.S. Walia expressed anguish/displeasure over the lackadaisical approach of the JMC/UEED and looking into the public interest involved in the matter directed Senior AAG S.S. Nanda to come forward with the reply as well as the status report within one week.
Justice Walia also directed the Registry to list this petition higher-up in the cause list in the week commencing 21st December, 2015. The court also directed Advocate S.S. Ahmed to place on record the copies of the postal receipts as well as the communication dated September, 10, 2015 served upon the JMC/ UEED for implementation of the court order by moving a proper application.
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