Residents of Ward No 40 Bharat Nagar Kamla Palace Lane Talab Tillo Jammu Th Vikram Rathore. v. Union Territory of Jammu and Kashmir Th Secretary Ueed and Others.

J&K HC12 Nov 2020WP(C)/1827/2020

Case brief

AI extract

What is this about?

Residents filed a writ petition seeking directions to stop commercial vehicles causing noise pollution, fix electric wires, complete drainage and water supply issues, and check illegal mining. The court found public interest involved and listed the matter before the PIL Bench.

What the court decided

AI extract

Residents of Ward No 40 Bharat Nagar Kamla Palace… — Public Procurement and Tenders | J&K HC (2020)

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Serial No. 108 SUPPLEMENTARY-1 CAUSELIST (Through Virtual Mode)

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

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WP (C) No. 1827/2020 CM No. 6485/2020 CM No. 6486/2020

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Residents of Ward No. 40, Bharat Nagar Kamla Palace Lane Talab Tiloo, Jammu.

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…….Petitioner(s)

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Through: Mr Vikram Rathore, Advocate.

UT of JK and Ors.

…….Respondent(s)

Through:

CORAM :

Hon’ble Mr Justice Ali Mohammad Magrey, Judge.

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ORDER

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12.11.2020

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This writ petition is filed by Advocate Vikram Rathore, on behalf of

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residents of Ward No. 40, Bharat Nagar Kamla Palace Lane Talab Tiloo, Jammu, seeking following reliefs;

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i. Allow the Writ Petition;

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ii. Issue an appropriate writ, order or direction in the nature of Mandamus directing the official Respondent No. 7 to 11 to strictly stop the entry of commercial vehicles like Matadors, Trucks, Tippers, Tractors carrying sand and construction material in the residential area of the petitioners which cause noise pollution at late night hours for all the residents and which causes many sleepless nights to all the residents which is a violation of the fundamental right of the petitioners;

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iii. Further Writ of Mandamus directing the official Respondent No. 3 and 4 to strictly install two poles at the exit point of Bharat Nagar Ward No. 40, Kamla Palace Lane in order to stop the entry of the above said commercial vehicles in the residential area of the petitioner;

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iv. Further Writ of Mandamus directing the Respondent no. 8 to improve the condition of hanging high voltage electricity wires which are day

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by day came down in order to protect the life of the petitioners so that they could not come in contact with these high voltage wires;

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v. Writ of Mandamus directing the Respondent no. 1, 5 and 6 to complete the drainage work at the right side of the Kamla Place road at first priority in a pace and fast manner, before completing the blacktopping in the residential area of the petitioner particularly when the stagnated water causes so many ill effects which is more harmful than COVID-19 in the prevailing situation and which causes a threat to the life of the residents;

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vi. Further Writ of Mandamus directing respondent no. 7 to release the regular water supply in the residential area of the petitioner;

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vii. Further Writ of Mandamus directing Respondent no. 9 to 13 to regularly check the mafia who have plying their vehicle in the residential area of the petitioner at late night hours and carried sand and construction material which is a violation of so many judgments passed by this Hon'ble Court with respect to the illegal mining; and

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viii. Further Writ of Mandamus directing the Respondent no. 15 not to interfere in the working of Respondent no. 16 particularly when there is a personal grudge between Respondent no. 15 and 16 resulting which the common masses of Ward no. 40 Bharat Nagar, Kamla Palace Lane, Talab Tillo, Jammu are suffering.

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The Court on perusal of the pleadings as also the relief sought for in the petition, is satisfied that interest of public of the area is involved, therefore,

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on recording the statement of the learned counsel for petitioner, the writ petition is directed to be listed next week before the PIL Bench dealing with the subject.

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(Ali Mohammad Magrey) Judge

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JAMMU:

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12.11.2020 “Hamid”

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ABDUL HAMID BHAT 2020.11.12 14:14 I attest to the accuracy and integrity of this document

Residents of Ward No 40 Bharat Nagar Kamla Palace Lane Talab Tillo Jammu Th Vikram Rathore. v. Union Territory of Jammu and Kashmir Th Secretary Ueed and Others.

Case brief

What is this about?

What the court decided

Residents of Ward No 40 Bharat Nagar Kamla Palace Lane Talab Tillo Jammu Th Vikram Rathore. v. Union Territory of Jammu and Kashmir Th Secretary Ueed and Others.

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

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