Damages caused by flash floods in Niki Tawi area
Excelsior Correspondent
JAMMU, Nov 3: High Court has directed the Registry to place the writ petition filed by inhabitants of Barjala and Khandwal (Niki Tawi area) seeking release of funds amounting to Rs 793 lakh for restoration of damages caused by flash floods of 2014-15 and 2015- before the Chief Justice for treating the same as Public Interest Litigation (PIL) in view of the public interest involved in the matter.
When the writ petition filed by inhabitants of Barjala and Khandwal through Gurdev Singh, Chairman, Panchayat Adalat Khandwal and Ghulam Nabi Sheikh, Retd Executive Engineer came up for hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioners drew the attention of the court towards order dated August 28, 2018 whereby last and final opportunity had been allowed to the Commissioner Secretary PHE, Irrigation and Flood Control Department to file counter affidavit failing which he was to remain personally present in the court.
Advocate Ahmed further submitted that matter again came up before the Registrar Judicial on September 18, 2018 when one week’s final opportunity was again allowed to the Administrative Secretary, PHE Irrigation and Flood Control to comply order dated August 28, 2018 and matter was directed to be placed before the court on October 1, 2018.
He vociferously argued that Commissioner Secretary PHE, Irrigation and Flood Control has not bothered to file his counter affidavit despite the pre-emptory orders passed by the High Court and this is a fit situation for imposing heavy costs as well as for his personal appearance.
On the other hand, Deputy Advocate General Vishal Bharti appearing for PHE Department resisted the arguments of Advocate Ahmed and submitted that although he has received the records from the department but the affidavit has not been ready so far. He further submitted that PHE Department has already filed objections/counter affidavit on behalf of Chief Engineer, Irrigation and Flood Control Department and there is no need of filing counter affidavit on behalf of the Administrative Secretary, PHE Irrigation and Flood Control.
At this stage, Advocate Ahmed submitted that from the affidavits of the Chief Engineer, Executive Engineer and Secretary to Govt. Planning Development and Monitoring Department the Court desired the filing of affidavit by the Administrative Secretary PHE.
“The issue involved in the instant petition is very serious and concerns more than 45 villages falling in Niki Tawi area which are badly affected due to flash floods every year and despite repeated representations no remedial measures were initiated by the Irrigation and Flood Control Department to start the restoration works”, Advocate Ahmed said.
After considering the submissions of both the sides, Justice Dhiraj Singh Thakur looking into the public interest involved in the matter directed the Registry in the open court to place the instant writ petition before the Chief Justice for obtaining appropriate orders for treating the present petition as Public Interest Litigation.
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