HC pulls up DCs on encroachments

Excelsior Correspondent
Srinagar, Apr 8: Jammu and Kashmir High Court today pulled up authorities for not removing encroachments from the banks of river Jhelum and directed the authorities for implementing the court orders without any delay or appropriate action will be taken against them.
The Division Bench of High Court comprising Justice MH Attar and Justice Ali Mohammad Magrey warned the concerned Deputy Commissioners in whose jurisdiction river Jhelum flows and all those engineers who are entrusted with this job shall be personally responsible for implementation of orders of the court.
“Every District Development Commissioner, who figure in order dated 24.2.2015, shall be personally responsible to the court henceforth for implementation of the court orders adding all those who were posted in the I&FC Ganderbal and were responsible to remove the encroachments and to protect the Padshahi Bagh Canal have not complied with the court directions”, court order reads.
Court pulled up the authorities for not performing their duties as they were required to do under administrative obligation. Court while expressing its anguish against the authorities observed: “The authorities are required to show utmost sense of urgency in protecting the river Jhelum and other water bodies”.
Court granted two weeks time as requested by the Government counsel as last and final opportunity to the authorities for complying with the court direction.
“We were contemplating to initiate stringent action against the authorities for non compliance of the court directions. We at this stage defer initiation of action against the authorities and hope the authorities will perform their statutory duties and will implement the court orders”, said the bench.
It is as per the compliance report of respondents which demonstrate that court directions issued from time to time especially on 24.2.2015 have not been complied with and it would take decades to remove the encroachments from the river with the speed the authorities are doing it.
“The compliance report would indicate that the actual width about which record is now available with the authorities, has not been identified by completing demarcation till date. The pace with which the authorities are proceeding in the matter would take decades to remove the encroachments from the banks of river Jhelum and for its restoration to its original width”, court said.
Court also observed “we are pained by the insensitive approach exhibited by the authorities most of whom are sons of the soil, in preserving their own water bodies”.
Court on 24.2.15 had ordered for constitution of a committee headed by Divisional Commissioner Kashmir and DC Anantnag, Pulwama, Srinagar, Bandipora and Baramulla and SSPs of these districts as its members to initiate a drive for removing all the encroachments from the banks of river Jhelum within weeks time.