High CourtsDivision Bench(2019) 07 J&K CK 0007

Save Th. Its Chairperson vs State Of Jammu & Kashmir And & Ors

Jammu And Kashmir High Court · Decided on 3 July 2019

HON’BLE JUDGES
Rajesh Bindal, J · Sindhu Sharma, J
CASE NUMBER
Public Interest Litigation (PIL) No. 25 Of 2017, IA No. 01, 02 Of 2017

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Judgment

20 paragraphs · 395 words
1.

Dr. Zafar Iqbal, Municipal Veterinary Officer, Jammu, is present in Court. In pursuance of order passed by this Court on 21.05.2019, he had

visited Cattle sheds at Gurgaon, Karnal, Ludhiana and Haridwar. From the ideas taken from the aforesaid Cattle sheds visited, the plan has been

revised. The constructed area now required has been reduced substantially. The project shall be implemented in phases as per the requirement.

Approximately, a sum of Rs. 10.00 Crores will be required for taking care of about 1,000 cattle.

2.

Learned counsel for the petitioner submitted that a sum of Rs. 250.00 Crores were released by the Central Government to the Jammu Municipal

Corporation (JMC). The funds can be allocated out of the aforesaid sum for construction of the cattle shed. This will take care of the stray animals on

the roads which sometimes cause accidents.

3.

Learned counsel appearing for JMC seeks time to have instructions as to in how much time aforesaid amount shall be released and kept

earmarked for construction of the cattle shed.

4.

Despite demarcation made, learned counsel appearing for the J&K Forest Department has still raised an issue that some of the portion of land is

owned by the Forest Department, hence, use thereof can only be changed under the J&K Forest Conservation Act, 1997 for which a Committee has

been constituted. He even sought to deny the demarcation made out in the presence of the Officers of the Corporation and the Forest Department.

5.

Be that as it may, as presently the proposed construction of the Goushala is on the undisputed land and the Forest Department is trying to create

hurdles for execution of the project, we are compelled to seek information from the Forest Department regarding the total land in its ownership in the

State of Jammu and Kashmir, district wise and the area which is not in occupation of Forest Department; the persons in whose occupation the areas is

and steps taken by the Forest Corporation for removal of the encroachments.

6.

In the meantime, the Forest Department shall take a decision with regard to the land in question and apprise the Court about it.

7.

Adjourned to 04.07.2019.

8.

To be taken up after break.

9.

Copy of the order be provided to the learned counsels for the respondents under the signature of the Bench Secretary of this Court.