PIL on damages due to flash floods in Niki Tawi area
Excelsior Correspondent
JAMMU, May 18: Division Bench of the State High Court comprising Justice Rajesh Bindal and Justice Sindhu Sharma has directed the Irrigation and Flood Control Department to place before the court the water discharge data of last five years during monsoon in both Niki and Badi Tawi.
The Division Bench further directed Deputy Advocate General K D S Kotwal appearing for PHE, Irrigation and Flood Control Department to produce the map showing the topography of the area.
These directions were passed in a PIL filed by inhabitants of villages Barjala and Khandwal (Niki Tawi area) seeking directions to the Commissioner Secretary PHE, Irrigation and Flood Control Department to release funds amounting to Rs 793 lakh so that the restoration works/ infrastructure damaged during flash floods of 2014-15 and 2015-16 be executed.
When the much publicized PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and M Zulkarnain Chowdhary appearing for the petitioners drew the attention of the Division Bench towards the last order dated November 20, 2018 whereby State Authorities were directed to explain circumstances, differential volumes of water being discharged in the Niki Tawi and Badi Tawi.
Besides this, the Division Bench had also directed that I&FC Department to file a status report with regard to the steps taken for managing the waters in the Niki Tawi and Badi Tawi.
“From the latest status report filed by the Chief Engineer I&FC Department Jammu it is crystal clear that there is discharge of 90% of the water in Niki Tawi whereas less than 10% water is discharged in Badi Tawi”, Advocate S S Ahmed said, adding few years back Niki Tawi was just a small canal provided for irrigation purposes and later major flow of the Badi Tawi was diverted towards the canal and every year the flash floods create devastation in the area with the result more than 45 villages get affected/ disconnected during rainy season.
On the other hand, Deputy Advocate General K D S Kotwal appearing for PHE, Irrigation and Flood Control Department submitted that difference in bed level exists along the cross section of the river upstream of under construction barrage where the River Tawi bifurcates into two streams called Niki Tawi and Badi Tawi.
“As a result of difference in bed level, more discharge towards the Niki Tawi is there in comparison to the discharge of Badi Tawi”, he added.
After considering the submissions of both the sides, the Division Bench directed Irrigation and Flood Control Department to produce before the court the record of discharge of water both in Niki Tawi as well as Badi Tawi during the last five years particularly recorded during monsoon period.