Fayaz Bukhari
SRINAGAR, Dec 22: As the petitioner in the Jhelum River PIL informed the Court that he is being harassed by the Police, High Court today impleaded Commissioner Secretaries and Divisional Commissioner Kashmir as respondents to the PIL for protection of the river and other water bodies.
The Division Bench of Justice Muhammad Yaqoob Mir and Justice Sanjeev Kumar Gupta arrayed these officials party to the PIL after filing of application filed by the petitioner submitting therein that the police is harassing him for pursuing in the instant PIL.
“It is further submitted that SHO Soura, and SHO Zakura, Srinagar have adopted new method to harass the petitioner at the behest of delinquent officials of the respondent department who are having the vested interests in the matter in league with the land mafia, knowing the fact the petitioner has nothing personnel in the case and is just highlighting the public interest only”, read the application filed by Peer Noorul Haq, the petitioner in the PIL.
Court during the proceedings of the matter has been informed that despite Court orders encroachments are on at river banks and its tributaries as such all protected areas of wildlife be demarcated.
“It has also been submitted that illegal sand extraction has made the banks of river vulnerable and heavy vehicles are directly coming down to the bottom of the river to lift the sand”, Court said.
Court has already directed all District Magistrates and Irrigation and Flood Control department to remove the encroachments and construction from the major rivers more particularly river Jhelum, Lidder, Arpath, Brengi, Vaishav, Sandran, Vedivatroo, Rambiara Doodganga, small streams, springs and tributaries.
“That the respondent are silent about the encroachments in the small tributaries, streams, springs, other water bodies etc which once used to supply the fresh water to Srinagar city more particularly the Northern city and now either are vanished by way of earth filling, construction by the mafia in league with officials or has taken the shape of sewage drains”, read the application.
It is pertinent to mention here that all flood channels which were used earlier during flood were encroached by the people in connivance with the officials who were in league with them.
For these reasons applicant sought impleadment of Commissioner SMC Srinagar, Commissioner Secretary Revenue J&K, Divisional Commissioner, Kashmir, Secretary R & B Department as party respondents in the PIL.
As the State, applicant submitted, is the custodian and responsible through its authorities and the situation in the Valley has become alarming and there is ever apprehension that if Court will not come into forefront for the public interest there will be big catastrophe in the Valley, as the State has failed to streamline and protect the water bodies and flood channels from the encroachers on the part of the people, bureaucrats, legislators, and ministers.
“That the said silent approach of the respondents by not taking care of rivers, streams and other small tributaries is not only deliberate attempt on the part of the respondents but is a well planned conspiracy to shower undue benefit upon the blue eyed persons and also to benefit some local land mafia which is adversely affecting the public interest in general and more particularly the local residents of the Northern Srinagar city; as the said area is already facing the acute shortage of drinking water and the irrigation to paddy land and orchards and now are already on die point of extinction from the said area”, read the PIL.
It has been submitted also that it is unfortunate on the part of authorities and also a great example of mal-administration in the State that they failed in preserving the water bodies of the State and miserably failed in protecting these water bodies/streams/rivers from encroachers more particularly the land mafia.
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