'Adequate Steps Taken': J&K High Court Closes PIL Concerning Contamination Of Tawi River In Jammu, Creation Of Artificial Lake
The Jammu and Kashmir and Ladakh High Court has closed a Public Interest Litigation (PIL) filed on the contamination of the Tawi River in Jammu and the creation of an artificial lake. The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi said that enough adequate steps have already been taken by the respondents and, therefore, there is no reason to further...
The Jammu and Kashmir and Ladakh High Court has closed a Public Interest Litigation (PIL) filed on the contamination of the Tawi River in Jammu and the creation of an artificial lake. The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi said that enough adequate steps have already been taken by the respondents and, therefore, there is no reason to further monitor the case.
The PIL was filed by Inderjeet Khajuria, President of the All Jammu Hotels and Lodges Association. He had sought directions from the Court to the respondents to ensure the completion of the project to construct an artificial lake in the Tawi River, to lay down the Gandola Project from Mubarak Mandi Complex to Bahu Fort, to beautify the areas used by morning/evening walkers, and to make accountable the officials who are negligent in their duties.
The court had earlier directed the Additional Advocate General to file the latest status report on the subject. In response to the order, the answering respondent provided detailed information about the progress of the projects. According to the status report, administrative approval and technical sanction were granted, the lowest bidder was selected, and work commenced on the Tawi Barrage and other associated projects.
The court noted that both Sections (i) and (ii) of the Jammu Ropeway Project had been completed and put into commercial operation. Additionally, the Managing Director of J&K Cable Car Corporation provided information about the remedial measures of Sector-1 (Peerkho-Mahamaya), with the expectation that work would commence soon.
Based on the comprehensive status reports, the court expressed satisfaction that the purpose for which the PIL was filed had been accomplished and observed,
“We are satisfied that the purpose, for which, the present PIL was filed, has been accomplished and therefore, we are of the considered opinion that no fruitful purpose will be served by keeping this PIL pending as the grievance projected herein has been redressed”.
While closing the PIL the petitioner was granted liberty to approach the court again or seek the revival of the petition if any cause of action were to survive.
Case Title: Inderjeet Khajuria Vs State Of J&K
Citation: 2023 LiveLaw (JKL) 314