KALUCHAK KHAD CASE: DB dismisses contempt petition

The Bench in a detailed Judgment held that there is willful and intentional disobedience of the orders of High Court and therefore the contempt petition lacks in merit and is accordingly dismissed.

JNF
Jammu, Publish Date: Oct 24 2017 1:13AM | Updated Date: Oct 24 2017 1:13AM
KALUCHAK KHAD CASE: DB dismisses contempt petitionFile Photo

A Division  Bench (DB) of High Court of Jammu and Kashmir at Jammu headed by Justice Tashi Rubstan  has dismissed a contempt petition filed  in the much published Ghar Mukin Khad case relating to Kaluchak Nallah/ Khad land.

It may be mentioned that one Balbir Singh son of Late S Sardar Singh resident of Village Mangowali, Tehsil RS Pura, Jammu, had filed a contempt petition against various officers of the J&K Government. 

The Bench in a detailed Judgment held that there is willful and intentional disobedience of the orders of High Court and therefore the contempt petition lacks in merit and is accordingly dismissed.

Division Bench of the High Court passed significant order after hearing KS Johal, senior advocate, with JI Balwan, advocate for petitioner, Aseem Sawhney, advocate for ( Vijay Kumar Duggal and Varinder  Duggal interveners) and RS Jamwal, Deputy AG.

The Division Bench observed that the contempt proceedings had been initiated against respondent for and disobeying (known as the Khad land case) vide order dated 10th July, 2014. 

The DB had stayed further construction in the area of water body or abetting the water body. The Court had also stayed sale of land concerning the bed of river and land recorded in revenue record as Khad.

KS Johal  senior advocate for petitioner alleged that there was construction going on near the Kaluchak nallaha by the official respondent and therefore the petitioner alleged that it was in violation of the said order of the court. 

The Court had directed that till water policy is framed by the state government, status quo with regard  to State khad lands shall remain enforce.

In reply, the official respondent submitted before the Division Bench that there was no question of disobeying the  interim order of the court as the officers were only laying crates as abutment on both sides of the Kaluchak Nallah and infact it is the petitioner (Balbir Singh)  who had constructed his house in the middle of the nallaha. 

The respondent counsel submitted that officers had only provided temporary protection and there is no question of construction being done.

Aseem Sawhney, advocate appeared for Vijay Duggal and others submitted that he had filed intervention as the petitioner leveled allegations against   clients Vijay Duggal and Virender  Duggal. He submitted before the court that the petitioner is at fault.  

After considering entire pleadings and argument, the court held that “For the foregoing reasons, we are not satisfied that there has been any willful and intentional disobedience of the order (s) of this court. The contempt petition lacks in merit and is, accordingly, dismissed along with connected MP (s). 

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