A Judicial Notice Can Be Taken On Deplorable State In Which The Cremation Grounds Exist: J&K HC Asks The Authority To Submit Action Plan [Read Order]

A Division Bench of Chief Justice Gita Mittal and Justice Vinod Chatterji Koul ordered that a copy of the Court's order be served upon the Commissioner, JMC, Jammu with a direction that immediate action plan with timeline be drawn up "for improving the conditions of cremation grounds and shall be placed before this Court within four weeks from today."

In the present matter, the writ petitioner had raised serious issues with regard to the pathetic state of the infrastructure and conditions of the cremation grounds in Jammu.

The Court noted that the notice was accepted in this matter as back as on 17th February 2020 when the time was taken by Mr. Nanda, Sr. AAG to file a reply.

However the court was displeased to note that "more than six months have passed without filing a reply."

On Wednesday (26^th August) when the matter came up for hearing before the court, it was stated that copy of the petition was not available with learned counsel for the respondents.

However, the petitioner (Sumit Nayyar) was asked to serve another copy upon learned counsel for the respondents, within two days from today.

Further, it was directed the reply in this matter will have to be positively filed within four weeks from today subject to payment of costs of ₹ 10,000/- which shall be deposited with the Advocates' Welfare Fund within one week from today.

Lastly, the court directed that the proof of deposit of costs shall accompany the response to be filed by the JMC Jammu. The Court specified that the response shall be taken on record "only if it is accompanied by such proof".

The matter has been listed for further hearing on 8^th October 2020.

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