Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 2825 (JK)

JUDGE ADVOCATE PIDIT ORGANIZATION TH BALAK RAM v. UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI

WP(C)PIL/3/2025 · 2025-05-07

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 S. No. 2 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) WP(C) PIL No.03/2025 CM No.2092/2025 JUDGE ADVOCATE PIDIT ORGANIZATION TH BALAK RAM …Petitioner/Appellant(s) Through: Mr. Balak Ram (petitioner in person) Vs. UNION OF INDIA TH SECRETARY MINISTRY OF DEFENCE NEW DELHI ...Respondent(s) Through: Mr. Raman Sharma, AAG. Mr. Vishal Sharma, DSGI. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 07.05.2025 1. This petition has been filed by the petitioner-organization complaining unauthorized construction of Sub-District Hospital, Jourian, on the ground that same is being constructed in an area falling under the jurisdiction of Integrated Headquarters of the Ministry of Defence without necessary approvals, NOCs and in utter disregard of various orders issued by the Government of India, prohibiting any construction activity within 100 meters of outer wall of Defence Establishment Installation. 2. On the previous date i.e. 29.04.2025 Mr. Vishal Sharma, learned DSGI, had sought time to furnish a specific affidavit, so as to respond to the grievances raised in the petition. 2 3. Mr. Vishal Sharma, learned DSGI, has produced a copy of order dated 07.02.2025 passed by a Coordinate Bench in WP(C) PIL No.01/2025 to demonstrate that another organization had raised a similar grievance with regard to the same Hospital but that petition was dismissed. 4. This Court has examined the order dated 07.02.2025 passed in WP(C) PIL No.01/2025 and even the petitioner was also confronted with the same, who in turn submitted that appropriate orders may be passed. 5. Having regard to the fact that one writ petition filed in public interest in respect of same subject matter, has been dismissed vide order dated 07.02.2025 with costs of Rs.10,000/- by the Coordinate Bench of this Court, we do not intend to proceed ahead with this petition and accordingly dismiss the same without any order as to costs. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 07.05.2025 Ishaq