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2025 Supreme(J&K) 13

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TASHI RABSTAN, CJ., M. A. CHOWDHARY
Court On Its Own Motion – Appellant
Versus
State Of J&k – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nadeem Qadri, Amicus Curiae. Mr. Z. A. Shah, Sr. Advocate, with Mr. A. Hanan, Advocate Mr. S. F. Qadri, Sr.Advocate, with Mr. Huzaif Ashraf,Adv. Mr. M. S. Reshi, Advocate. Ms. Asma Rashid, Advocate. Mr. Aatir Javaid Kawoosa, Advocate. Mr. S. N. Ratanpuri, Advocate. Mr. F. A. Lone, Advocate. Mr. Lone Altaf, Advocate. Mr. Yasir Nabi Rather, Advocate.
For the Respondent: Mr. T. M. Shamsi, DSGI, with Ms.Rehana Qayoom, Adv. Mr. Faizan Ahmad, CGC. Mr. Mohsin Qadiri, Sr. AAG, with Ms. Maha Majeed, Assisting Counsel. Mr. Faheem Nissar Shah, GA. Mr. Illyas Nazir Laway, GA.

Table of Content
1. suggestions from amicus curiae (Para 16)
2. importance of environmental preservation (Para 17 , 18)

ORDER :

1. The present litigation in public interest had been filed by a practising lawyer-Mr. Qazi Rashid Shams, in the year 2011 wherein it has been contended that instead of discharging the fundamental duties by the citizens and the corresponding duties cast upon the State authorities to make endeavours for protection of environment and save it from pollution, the river Sindh and its water is subjected to worst kind of pollution by raising hotels, tourist huts and restaurants, for deriving natural pleasure, at various places on the river beds and at some places on the river itself. It is further contended that the said constructions are being raised in violation of the various Statutes and in the process the water is getting polluted and in case immediate steps for retrieving the river and removing the constructions already raised are not taken, the water will get continuously polluted. Further, it is pleaded that no steps are being taken by the respondents to stop the illegal constructions. Therefore, the petitioner has filed this Public Interest Litigation and ha

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