PIL against illegal encroachment in old city by shopkeepers
Ensure that not only are the encroachments removed but the position is maintained as such: DB MC
22/11/2017
JAMMU, Nov 21: In a Public Interest Litigation filed by Jagidsh Chander Gupta to highlight the illegal encroachments by the shopkeepers and other unknown persons in the JDA Shopping Complex, Mohalla Old Hospital Road, Near City Chowk, Jammu and also in the area adjoining the same.
A Division Bench of State High Court Comprising Chief Justice Bader Durrez Ahmed and Justice Sanjeev Kumar after hearing Adv Ajay Sharma for the PIL whereas SS Nanda for the State directed JMC to ensure that not only are the encroachments removed but the position is maintained as such.
When the matter came-up for hearing, Division Bench observed that this court informed by the counsel for the petitioner that the petitioner has, after filing of this petition, passed away. Upon this Division Bench observed that this being a public interest litigation matter and ordered that title as "Court on its own motion and also appointed Ajay Sharma, Advocate as Amicus Curiae in this matter.
Division Bench after gone through the status report observed that it appears that some action was taken with regard to the removal of encroachments by rehri walas/ street vendors. While the photographs do indicate that some action was taken, there are no photographs indicating what is the current state of affairs and whether the persons, who have been removed, have returned to the same locations or not.
The Jammu Municipal Corporation shall ensure that not only are the encroachments removed but the position is maintained as such. However, they may also examine the possibility of preparing a scheme for the rehabilitation of the said street vendors. The status report be submitted along with photographs within two weeks from today. JNF
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