Remove illegal structures along water bodies: HC

Fayaz Bukhari
SRINAGAR, Dec 18:  Jammu and Kashmir High Court today directed the Government to remove the illegal structures along water bodies and said action will be taken against anybody interfering with the demolition process.
A Division Bench of High Court comprising Justice MH Attar and Justice B L Bhat, directed the authorities to remove the encroachments along water bodies and if anybody interferes with the demolition process action will be taken against them. Court asked the authorities to furnish particulars of the people who create hurdles in demolition process.
“All the concerned authorities are directed to remove the encroachments. Any person, who obstructs such effort, his particulars shall be furnished to the Registry of the court so that contempt proceedings besides penal action as prescribed by law, are initiated against him by the concerned statutory authorities”, directed the court.
The direction was passed after the court was apprised that removal of encroachments are in process and some persons are vehemently resisting the demolition process.
“In the process out of 43 encroachments 20 encroachments were removed, however, 18 encroachers showed their resistance claiming land beneath the respective encroachments their proprietary land”, reveals the Compliance report of Chief Engineer, Kashmir  I&FC Department in compliance of earlier court direction.
The CE further submits that matter has been taken with the concerned District Development Commissioner to verify the title of dispute of these 18 encroachers. “To restore the Canal (Padshahi Canal) situated in district Ganderbal CE submits that widening process of the Canal has been taken up in hand to restore it to its original position”, reveals the report of CE.
Chief Engineer was in terms of previous directions directed to furnish full particulars of those officers who were posted in the area from the year 1990 till date, enabling the registry to issue notice all these officials.
“The said direction has been complied with, as the particulars about the officers have been provided to the Registry of the Court”, report says.
Report of CE furthers reveals that in order to comply with the directions of Court for removal of encroachments from Rivers, Irrigation Canals and other canals, a meeting was held in Direction office on November 27, wherein instructions have been passed to subordinate offices to take all necessary steps to remove the encroachments existing on banks of Rivers and other Canals.
In response to the direction of court for information regarding original recorded width of the River Jhelum, CE states that his department is not having any available record regarding the width of River and in this connection Divisional Commissioner, Kashmir has been requested for directing all DCs under whose jurisdiction falls the entire stretch of River Jhelum from Khanabal to Uri to provide original width of River.
Court rejected the plea of counsel representing the management of Green Valley School, Srinagar that they will remove the encroachments itself but court direct the authorities not to harass management, court directed the school authorities to remove the encroachments themselves but shall not stop the authorities to perform their duties of removing the encroachments.