SYED TAHIR IQBAL GEELANI Vs. STATE OF J&K

JUDGEMENT

(1.) The Scientific Advisory Committee was to have a meeting prior to 19.10.2017. We are informed that the meeting has been fixed for 16.10.2017. In so far as the Monitoring Committee is concerned, the minutes of the meeting held on 31.08.2017 have been placed on record. Thereafter, another meeting was held (though not on 12.09.2017 as originally fixed) on 25.09.2017. The minutes are not yet available. The same shall be placed before this Court before the next date of hearing.

(2.) As per the minutes of the meeting held on 31.08.2017, we notice that several important decisions were taken. One of the decisions was with regard to item No. 3 (expeditious development of Rakh-e-Arth Colony). It appears that the earlier decision has been modified and now the Housing and Urban Development Department has been required to formulate proposals for establishing dwelling units at Rakh-e-Arth and submit a comprehensive proposal for discussion. It was also decided that the entire outer boundary of Rakh-e-Arth would be demarcated by erecting forest pillar type poles connected with barbed wire. It appears that this decision has been altered in the subsequent meeting held on 25.09.2017, whereby the demarcation is to be done through erection of Plain Concrete Cement coordinates. The matter of black topping of roads at Rakh-e-Arth as per the DPR submitted by the Vice Chairman, JKLDA has also to be finalised by the Administrative Secretary, Housing and Urban Development Department. We are informed that the tendering process has already been initiated by the LDA.

(3.) Another aspect which has importance is item No. 6 of the agenda of the meeting of 31.08.2017, which relates to strengthening of the enforcement wing. A decision has been taken that IGP, Kashmir, will keep an additional company consisting of 45 to 50 police personnel at the disposal of LDA in order to strengthen the existing manpower to curb unauthorised constructions and encroachments within the Dal area. This, however, has met with some objection on the part of the police because of paucity of police personnel who may be required for law and order duties. We, therefore, feel that the IGP, Kashmir, should issue clear directions that as and when the Vice Chairman, LDA, requisitions the police personnel, they shall be made available to him immediately. This is necessary because if prior information is given and the information leaks out, the drives which are to be undertaken by LDA are met with public resistance which thwarts the entire objective of removing unauthorised constructions and encroachments.