HC seeks demarcation, removal of encroachments

Excelsior Correspondent
Srinagar, May 3: The High Court has directed for removal of encroachments and demarcation of water body situated in the outskirts of Srinagar.
The Division Bench of Chief Justice N Kotiswar Singh and Justice Moksha Kazmi while hearing a Public Interest Litigation on restoration of pristine glory of the water body known as Shah Kul situated in Nishat area of Srinagar city sought information from the authorities with regard to eviction of encroachers on the water body.

Follow the Daily Excelsior channel on WhatsApp  
The court sought information from the authorities about action taken for demarcation of the water body by next date hearing into the matter. “We again make it clear in line with observations made by this Court on 27.12.2023, that any illegal construction undertaken without following the due process of law will be at the risk of involved parties and will be dealt with in accordance with law, including demolition of the same”, the DB said.
During the course of hearing of the case, the attention of the Court was brought to the communication from the Director of Land Records/Settlement Officer, Kashmir, dated 10.03.2003 which ordered a demarcation to be conducted on 11.03.2003 by a team of experienced officials, and carrying out eviction of encroachers, if any, by the staff from Srinagar Municipality and Srinagar Development Authority within a week’s time.
“This Court desires to know the actions taken or processes undertaken pursuant to the said direction, for which the relevant records shall be produced by the next date of hearing,” read the order.
The petitioner sought intervention of court for the removal of all illegal encroachments and restoration of the original status of the historical canal/water body as also the restoration of adjoining roads allegedly encroached upon by the two private persons.
In this regard constituting a high-level committee is being sought which comprises an officer of ACB and other investigation wings to investigate the gross mismanagement of the official respondents (authorities).
In support of his contention, the petitioner has also referred to a communication by Divisional Commissioner Kashmir to Directorate Land Records way back in 2004 that Shah Kaul has been encroached upon, resulting into loss of lakhs of rupees “because the water required for Nishat Garden is being now lifted through mechanical pumps”.
The Divisional Commissioner, Kashmir, had sought the removal of all types of encroachments on the canal and directed appropriate action against the “culprits”. “However, no action has been taken,” said the petitioner.