Excelsior Correspondent
Srinagar, Nov 5: High Court has directed the Deputy Commissioner Kulgam to ensure that no construction is raised on irrigation canal land in Qaimoh area and report the Court on next date. Hearing a petition filed by the inhabitants of Mutulhama Qaimoh area of district Kulgam, the Division Bench of Justice Ali Mohammad Magrey and Justice Rashid Ali Dar directed the DC Kulgam to ensure that no construction is raised on the irrigation canal.
The inhabitants in the writ petition allege that the police have raised the structure for the purposes of police station on irrigation canal/Kuhl despite knowing that the activity is in violation of court orders.
They submit that the canal is being used by the villagers for irrigating the paddy fields and despite the ban on construction of any kind of structure on the banks of water bodies, the construction is not stopped by the authorities.
Their counsel informed the Court that DC Kulgam, has been asked to visit the spot and where the Police Station was allegedly being constructed on the Irrigation Canal-Kuhl in Qaimoh Kulgam.
He informed the court that Deputy Commissioner though having responded to the directions of the court has not taken steps for removing the alleged encroachment.
Authorities have not filed the response and the status report till date on the issue and they have been directed to do the needful within four weeks. Deputy Commissioner has further been directed that in case it is found that any construction is raised on spot, the same shall be removed.
Meantime, court directed the State counsel to report about the laying of pipes in the violation of the court orders in Mallabagh, Srinagar and submit report in this regard before the next date of hearing.
It is I&FC department and all Deputy commissioners of the valley who as per the court directions are duty bound to comply with their ‘statutory obligation’ in removing all the encroachments from the banks of river Jhelum and other water bodies whether the encroachments are in the shape of Pacca or Kachcha structures.
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