Enough And Adequate Steps Already Taken By The State: Jammu & Kashmir & Ladakh HC Dismissed PIL Seeking Cleaning Of Artificial Lake In River Tawi
The Jammu and Kashmir and Ladakh High Court dismissed a PIL seeking cleaning of the Tawi River's artificial lake.
A PIL was filed by the All Jammu Hotels and Lodges Association Jammu highlighting concerns about the pollution and uncleanliness of the Tawi River's artificial lake.
The Court, having reviewed the detailed status reports, observed that it is evident that the State has already put in place satisfactory and ample measures.
The Bench headed by Chief Justice N. Kotiswar Singh and comprising Justice Moksha Khajuria Kazmi observed, “Looking to the detailed status reports filed by the respondents, it appears that enough and adequate steps have already been taken by the respondents and, therefore, we see no reason to further monitor this case”.
Advocate Archit Sharma appeared for the Petitioner and Senior Additional Advocate General S.S. Nanda appeared for the Respondents.
A Public Interest Litigation (PIL) expressed concerns over the declining water flow in the River Tawi due to pollution and untreated sewage, leading to the proposal of constructing an artificial lake in the river. The construction of this lake, coupled with the beautification of the riverbanks, was envisioned as a pivotal step in developing Jammu City and its surroundings into a prominent tourist destination.
However, despite being a centrally sponsored project, the authorities have allegedly shown inaction, prompting the Petitioner to write to the Minister for Irrigation, Flood Control, and PHE seeking information on the project's status. The Petitioner asserted that the response from the Executive Engineer indicates a casual approach by the authorities towards the artificial lake project. Despite allocated funds, the authorities have allegedly neglected public interest, resulting in poor sanitation, foul smells, and the deterioration of the river's natural beauty.
The PIL aimed to preserve the River Tawi as a natural tourist destination, emphasizing that failure to do so poses a serious threat to the state's natural resources.
The Court had instructed the State in December 2022 to provide an updated status report, following which the latest report was submitted. According to the report, Administrative Approval for the project was granted on July 14, 2022, with technical sanction approved on July 22, 2022. The letter of intent was issued to P&R Infra Projects Ltd., the lowest bidder, on August 24, 2022, and the formal allotment order was issued on September 7, 2022. The foundation stone for the remaining work of the Tawi Barrage was laid on September 1, 2022, and on-site work commenced on September 22, 2022.
Furthermore, the Bench noted that the status report from the Managing Director of J&K Cable Car Corporation indicates that work on the remedial measures of Sector-1 (Peerkho-Mahamaya) is expected to begin soon. Both Sections (i) and (ii) of the Jammu Ropeway Project have been completed and are in commercial operation.
After reviewing the detailed status reports, the Court observed that sufficient steps have been taken, and there is no need for further monitoring of the case.
The Court held that the purpose of the PIL was accomplished, and there is no fruitful purpose in keeping it pending. The petitioner is granted the liberty to approach the Court again or seek revival of the petition if any cause of action arises in the future.
Accordingly, the Court dismissed the Petition.
Cause Title: Inderjeet Khajuria v State of Jammu and Kashmir
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