The requirement to act justly and fairly, and the need for adherence to principles of natural justice in administrative actions affecting civil consequences.

JUDGMENT :

1. The petitioner has challenged notice bearing No.M-9/80 dated 11.05.2012, issued by respondent No.4, whereby the petitioner has been asked to remove the encroachment from the left bank of River Jhelum within three days.

2. It is the case of the petitioner that he has been running a Timber Sale Depot at New Zaina Kadal Pather Masjid under Registration No.160/TTR/UF under the name and style of M/S J. T. Traders for the last more than 50 years. According to the petitioner, the premises wherefrom he is running the Timber Sale Depot belongs to local Masjid Sharief and he is paying monthly rent to the landlord. It is further contended that as per the communication dated 16.06.2010 of Tehsildar, Srinagar South, to Additional Deputy Commissioner, Srinagar, the parcel of land, which is in possession of the petitioner where he is running his Timber Sale Depot, is recorded as ‘Abadi Deh’.

3. On the basis of aforesaid averments, it is contended that the impugned notice issued by respondent No.4, whereby the petitioner has been asked to remove the Timber Sale Depot, is illegal and unjustified. It is contended that the aforesaid notice, to which petitioner has already submitted a reply, is vague and ambiguous.

4. Reply has been filed by both Srinagar Municipal Corporation as well as by Executive Engineer, Irrigation and Flood Control, Division, Srinagar. In the reply filed by Srinagar Municipal Corporation, it has been submitted that no relief has been claimed against it, as such, the writ petition against the said respondent is not maintainable. It has been, however, admitted by the said respondent that the petitioner is running a Timber Sale Depot at Zaina Kadal near Pather Masjid, Srinagar.

5. In their reply respondents No.3 and 4 have contended that the petitioner has established a Timber Sale Depot on the bund top of River Jhelum at Zaina Kadal, Pather Masjid, Srinagar, which is in brazen violation of the provisions contained in the Jammu and Kashmir Water Resources (Regulation & Management) Act, 2010. It has been further contended that as per the provisions contained in Section 81 of the aforesaid Act, the control of bed and banks of all water bodies, navigation channels, intake channels, city channels and flood spill channels together with all works that affect the hydraulic conditions in the State are under the control of Irrigation & Flood Control Department. Thus, according to the said respondents, no building railing or platform can be allowed to be constructed on the slopes of public or private embankment. It has been further contended that the respondents have formulated a comprehensive plan for development/beautification of River Jhelum but due to the encroachment of the bank of River Jhelum by the petitioner, this prestigious project is facing obstruction. It has also been contended that in terms of Section 67 of the J&K Water Resources (Regulation & Management) Act, 2010, the respondents are competent to issue notice to an illegal encroacher and to remove the encroachment at the expenses of the defaulter.

6. I have heard learned counsel for the parties and perused the material on record.

7. The short controversy which is involved in this petition is as to whether the premises, from which petitioner is running Timber Sale Depot, is located on the bank of River Jhelum and if it is shown to be so, the respondents No.3 and 4, in terms of the provisions of the J&K Water Resources (Regulation & Management) Act, 2010, being vested with the ownership of these banks, are well within their jurisdiction to ask the petitioner to remove the encroachment. According to the petitioner, the Timber Sale Depot, which is the subject of this writ petition, is located on Aabadi Deh land and not on the bank of River Jhelum. This is being disputed by the respondents.

8. Through the medium of impugned notice, respondent No.4 has asked the petitioner to remove the encroachment within three days or else the same would be removed in exercise of po