Damage caused by flash floods in Niki Tawi Area

HC directs Registry to place petition before CJ for treating it as PIL

04/11/2018

JAMMU, NOV 3: In a significant order Justice Dhiraj Singh Thakur of Jammu Kashmir High Court (Jammu Wing) has directed the Registry to place the writ petition filed by Inhabitants of Barjala and Khandwal (Niki Tawi Area) seeking release of funds amounting to Rs.793.00 lakhs for restoration works because of flash floods of 2014-15 and 2015-16 on left side of Nikki Tawi at Khandwal and Barjala before the Chief Justice of J&K High Court for obtaining the requisite orders for treating the instant petition as Public Interest Litigation (PIL) in view of the public interest involved in the matter as the petition has highlighted the damage caused every year during the flash floods to around 45 Villages in Niki Tawi Area which remains inundated due to flash floods. When this writ petition filed by Inhabitants of Barjala and Khandwal through S. Gurdev Singh (Chairman, Panchayat Adalat Khandwal) and Ghulam Nabi Sheikh (Retd. Executive Engineer) came up for hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioners drew the attention of the Court towards order dated August, 28, 2018 whereby last and final opportunity had been allowed by the Court to the Commissioner/Secretary PHE, Irrigation and Flood Control Depart ment to file counter affidavit failing which he was to remain personally present in the Court. Ahmed further submitted that matter again came up before the Registrar Judicial on September, 18, 2018 when one week's final opportunity was again allowed to the Administrative Secreta ry, PHE Irrigation and Flood Control to comply order dated August, 28, 2018 and matter was directed to be placed before the Court on October, 1st, 2018.
After considering the submissions, Justice Dhiraj Singh Thakur looking into the public interest involved in the matter directed the Registry in the open court to place the instant writ petition before the Chief Justice for obtaining appropriate orders for treating the present petition as Public Interest Litigation. JNF

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