Excelsior Correspondent
SRINAGAR, Apr 6: Jammu and Kashmir High court today directed the Chief Secretary to file a consolidated compliance report or appear personally before the court on PIL in which it has been alleged that last year’s floods caused heavy loss of life as well as property in the State due to negligence on part of the State authorities.
The Division Bench of High Court comprising Justice MH Attar and Justice Ali Mohammad Magrey has provided the last opportunity to the Chief Secretary of the State to respond to the queries or appear before the court.
“Chief Secretary of the State to file a consolidate compliance report on behalf of all the authorities before next date,” said Court order. “In case reply is not filed before next date then he shall appear in person before the court. It is made clear that earlier on last opportunity of four weeks was granted for filing reply affidavit. In case reply affidavit is not filed before next date then Chief Secretary is to appear in person before the court on next date”, court directed to the CS.
The Public Interest Litigation filed by advocate Azhar-ul-Amin argued before the court that officers responsible for act of omission and commission deserved to be punished appropriately and is seeking direction for constitution of special investigation team to investigate the role of officers guilty of criminal negligence in taking measures and further punishing those officers in accordance with law who are found guilty in such type of criminal negligence.
Advocate Amin stated that the measures those were required to be followed in accordance with flood manual were not taken and the acts of omission and commission of the State Government ranging from criminal negligence to direct acts of interference with flood protection measures, structural and non-structural has caused inundation of most parts of the capital city of Srinagar.
Holding Divisional Commissioner Kashmir, Chief Engineer Irrigation and Flood Control Kashmir, Chief Engineer R&B Department Kashmir, Chief Engineer Public Health Engineering Department Kashmir and Deputy Commissioner Srinagar personally responsible for the lapses, Advocate Amin submitted that there was direct interference with levee and embankment of river Jhelum in the city of Srinagar which has serpentine course and instead of strengthening, widening or reinforcing the embankment it was fiddled with.
It is submitted in the petition that tall claims of Government to face the flood situation actually and factually proved false. “Instance galore where timely measures could have prevented breaches but there were no sand bags or appropriate officials to plug smaller breaches those took horrendous proportions for lack of proper management. State machinery was totally absent on the fateful day,” reads in the petition.
“Flood forecasting and warning is an important measure for minimizing loss of life and property, but both warning and forecasting by Meteorological Department was ignored. In this regard State needs to explain as why forecast and warning was criminally neglected and no measures to coup up with the flood were not appropriately taken at appropriate time”, reads the petition.
Court further has been informed that some residential and commercial areas of the Srinagar city are sill water logged and drinking water has not been made available to some residential areas of the city.
Court in this regard directed Chief Engineer PHE to take steps for providing drinking water facilities to those people who are facing hardships on this account. Court further directed Chairman SMC, LAWDA and CE Mechanical to take dewatering steps immediately in City Srinagar and file compliance.
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