NARINDER SINGH Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This public interest litigation was initiated in the year 2002 and directions were sought against the official respondents to ensure that painting on rocks or any other affixation of advertisements in the eco-sensitive Jammu- Srinagar-Leh High way may not be permitted. It is appropriate to mention that the official respondents were the State of Jammu and Kashmir through its Chief Secretary, Commissioner-Secretary to Government, Forest Department, Principal Chief Conservator of For ests, the Chairman J&K State Pollution Control Board, the Director Environment & Remote Sensing and the Chief Engineer Beacon c/o 56 APO. During the course of proceedings a large number of private firms have been joined as party respondents who were indulging in indiscriminate of painting rocks for advertisement of their products.

(2.) The matter came up for consideration of the Bench on various dates. On 20.03.2003 a four member Committee was appointed to make on spot assessment of damage caused to the Shivalik Range Hills by advertisements/pain tings of rocks between Jammvi-Srinagar-Leh National Highway. The Committee was comprised of two Advocates of this Court namely S/Shri Tashi Rabstan and Mr. Mayank Gupta. The other 2 members were one each from Department of Geology, Univer sity of Jammu and the Regional Research Laboratory Jammu. The Committee was required to make spot assessment and submit its report. The Bench made it clear that the Committee was not to confine its report for holding accountable for damages the party respondents alone but it was at liberty to highlight the activities of any other person or business house, who may have caused damage to the Shivalik Ranges by painting their advertisements on the rocks alongside the National High between Jammu and Srinagar. The Committee was required to take into account the size and the number of paintings put up by them. In case any labour was to be engaged for measurement then the Committee was at liberty to do so and bills for expenses incurred was to be submitted by the Committee to the Court.

(3.) The Committee submitted its report and respondents were given time to file objections if any to the report. The Committee examined in detail and found that there were 363 large and small size hoardings along the National Highway which were erected on the rock slopes. The size of the hoardings in most of the cases was 20 feet X 10 feet. The findings recorded by the Committee are that the damage is extensive to the eco-system on these fragile mountain slopes and riverbeds which sustain mosses and innumerable species of micro-organisms. These geological formations are the repository of geological records of the past millions of years and damage caused to them is irreversible in practical terms. This invaluable geological record should not be damages by allowing any activities of painting for advertise ments etc.