SWP No. 169/2008 Page 1 of 4 Serial No. 08 Regular list HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP No. 169/2008 MP No. 401/2008 Date of Order: 11.12.2017 Manzoor Ahmad Khan Vs. State of J&K and Others Coram: Hon’ble Mr Justice Sanjay Kumar Gupta, Judge. Appearance: For petitioner(s): Mr. H. Furrahi, Advocate For respondent(s): Mr. M. A. Wani, AAG for R 1. Mr. Mehraj-ud-din, GA for R 7 & 8. Mr. Moomin Khan, Advocate for R 2, 3, 5, & 6. i/ Whether to be reported in Yes/No Press/Media? ii/ Whether to be reported in Yes/No Digest/Journal? 1. The case of the petitioner is that the father of the petitioner was allotted a land vide allotment order No. Reh-295 of 1969 dated 29.05.1969 at Batmaloo, Srinagar, by concerned authority. 2. That an underground drainage system was constructed to be used for the purpose of throwing out the debris of the area with regarding to the plots on spot with a road of 12’x9’. 3. That with the intervention of the certain vested interested persons, the land got encroached by the inhabitants to whom the plots were allotted, consequently a complaint was made by the petitionerbefore the concerned authority and Joint Commissioner of SMC, forwarding the same to Director to depute responsible officials to his office for identification and demarcation of the plots allotted. SWP No. 169/2008 Page 2 of 4 4. That petitioner made one more application before Srinagar Municipal Corporation, and was forwarded to concerned authority by Additional Commissioner for necessary immediate action under rules. 5. That petitioner precisely also filed a writ petition No. 351/2006, wherein Hon’ble Court was pleased to dispose of the said writ petition on 07.06.2006 with an observation that petitioner may project his grievances before Commissioner Municipal Corporation. 6. That grievances of the petitioner was not considered by the authority for a long period of time so a contempt petition No. 225/2006 was filed in this regard. 7. That on Court directives the house of petitioner got totally damaged because the respondents have failed to redress the grievances of the petitioner and could not stop the encroachment, besides that his house got damaged for none of his faults. 8. That the petitioner is putting up in his house since 1969 till date but the respondents have failed without any cause or justification to stop the encroachment by leaving the service drain free so as to allow the sewerage to pass through it which has got blocked and has made damages to the house of the petitioner resulting therein that same has become worth non-living. 9. That official respondents showed slackness over the matter and have acted as a mere spectators. Thereby, service drain got blocked and encroached resulting therein that the flow of the wastage got its way through the compound of the petitioner making thereby his life worth non-living. 10. Now the petitioner has confined his relief as follows:- “Mandamus commanding thereby respondents to take necessary immediate action against the encroachers of the area by removing the encroachment and blockage of the service drain so as to ensure that SWP No. 169/2008 Page 3 of 4 no sewerage will pass/ flow through the compound of the petitioner”. “Mandamus, commanding thereby respondents to remove the encroachment of the road on spot at place of New Colony Batamaloo, Srinagar, to ensure that no further damage is caused to the residential house of the petitioner”. 11. Counsel for respondent Nos. 2, 3, 5 & 6 have filed objections whereas counsel for respondent Nos. 1, 4, 7 & 8 have not filed objections till today. 12. In objections filed by respondents 2, 3, 5 and 6 it has been stated that complaint was received in September 2009 from petitioner that some persons have encroached upon state land ,lane and drainage; a communication was thereafter was addressed to Director Housing Division (respondent no.4) by Joint Commissioner for deputing responsible officer for demarcation of plots, but no response was shown ; then again a communication was addressed to respondent no.4 , but again in vain. That the matter was also taken with revenue Tehsildar in pursuant to order passed in OWP 351/2006 on 8.6.2006 ; again matter was taken with officer on special duty for furnishing revenue extract of alleged encroacher , but nothing was done by said officer; in the end it has been stated that corporation is unable to perform his duty due to noncooperation of housing board and revenue department. 13. This petition has yet to be admitted. After hearing for a while, I am of the view that this petition can be disposed of by directing the respondent Director Housing board and concern revenue authorities to provide all cooperation to Municipal Corporation, Srinagar as required by them, to perform their statutory duty by taking immediate action against the encroachers of state land/ drain, so that blockade of the service drain of petitioner can be removed and no damages is caused to house of SWP No. 169/2008 Page 4 of 4 petitioner in future. The whole exercise shall be completed within two months from the date of receipt of this order and compliance report shall be furnished to Registry of this Court. (Sanjay Kumar Gupta) Judge Srinagar December 11th, 2017 “ISHAQ”