Excelsior Correspondent
Srinagar, Feb 9: Jammu and Kashmir High Court today directed action against five Deputy Commissioners of Kashmir Division in case they fail to provide necessary information to Chief Engineer I&FC for restoring original width of River Jhelum.
A division bench of the High Court comprising Justice MH Attar and Justice J R Kotwal while hearing a PIL on removing of encroachments from banks of river Jhelum and its tributaries, directed: “In order to facilitate the work of CE I&FC , Deputy Commissioners of Anantnag, Pulwama, Budgam , Srinagar and Baramulla to provide necessary requisite information to CE I&FC within 10 days time. In case necessary information in the aforesaid period is not given, appropriate action will be initiated against these authorities”, the court directed.
Court also said that as a serious effort is being made to bring back the river Jhelum to its original position and DCs have to demonstrate their concern so that the future age group doesn’t suffer because of greed of some people.
The direction and observation of the court were passed after CE I&FC who was present in the court as directed earlier stated that in order to verify the original width of the River Jehlum , letters have been sent to Divisional Commissioner and concerned DCs but none except DC Bandipora responded so far.
The Chief Engineer also stated before the court that lakhs of trees have been cut down on the encroached portion of the river and the drive of removing encroachment is going on.
Court sought fresh compliance report from CE I&FC about the removal of encroachments by next date of hearing of the matter and also directed Inspector General of Police to provide necessary protection to the authorities for effective removing of encroachments from the banks of river Jhelum and other canals.
Petitioner made submission before the court that encroachments are not being effectively removed by the respondents. He also revealed some allegations before the court against some authorities of the respondent department.
Court rejected his submissions and directed him to file an affidavit detailing out his grievances therein “the oral allegations cannot be taken cognizance of. The affidavit shall be supported with necessary material”, said the bench.
Court had directed that in order to ensure the water bodies are restored to their original position, the CE I&FC, Kashmir ‘to appear in person’ before the court on next date to indicate as to ‘what steps have been taken’ or are proposed to be taken for preserving ,protecting and restoring the water bodies to their original position.
Court had emphasized on the protection and preservation of water bodies as life sustains on water and had observed: “It is a known fact that water sustains life. Authorities are duty bound to protect the water bodies of the State.”
Respondents in its reply had stated that “Much could not be done by the department to save the canals because of eruption of militancy and urbanization of Cultivation Command Area (CCA) as such the canals got effected and were either encroached upon by the land mafia or were changed into sewers.”
Putting the whole responsibility over the concerned department court had further said in its order: “The authorities, who are charged with the duty to protect the canals from time to time, prima facie, it appears have ‘allowed the illegal encroachments of the canals’ causing great loss to the public interest.”
Court had also sought information in shape of status report by Competent Statutory Authority indicating therein as to what action has been taken against the encroachments and also directed furnishing of names of those officers who were entrusted with duty of protecting the Padshahi Canal situated in Ganderbal area.
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