Fayaz Bukhari
SRINAGAR, Nov 27: For the dereliction of duty, Jammu and Kashmir High Court is imposing huge penalty on the Engineers of Irrigation and Flood Control Department who were posted since 1996 along river Jhelum. Court has said if these Engineers fail to respond to the notice, amount will be recovered from them and spent on preservation of the river.
The Division Bench comprising of Justice MH Attar and Justice Ali Mohammad Magrey while issuing notice to each Chief Engineer, Superintending Engineer, Executive Engineer, Assistant Executive Engineer and Junior Engineer of the I&FC Department asked them to show cause why they shall not be directed to deposit Rs 5 crore, Rs 3 crore, Rs 2 crore, Rs 1 crore and Rs 10 lakh respectively with the State treasury.
Court while passing this direction said the river Jhelum has been unabashedly encroached upon throughout its course. “The encroachments would not have taken place had these authorities discharged their duties in accordance with rules as the reason for coming up of these encroachments and that would be the active connivance of some of these officers with the encroachers”, DB said.
Court observed that one of the causes of overflowing of river Jhelum in last year floods is stated to be the encroachments which have badly affected its capacity to retain the water. “These engineers have to be dealt with for dereliction of their duties and active connivance with the encroachers due to which huge population has badly suffered in last year devastating floods”, court said.
Court directed the list of these engineers be provided to Director Information for publication of their names and particulars except those who are dead, in two leading Newspapers each from Kashmir and Jammu Divisions.
Court made it clear that in case response to the show cause notice is filed then appropriate orders will follow and in case recovery is made then this amount will be spend for preserving and protecting the river Jhelum.
Court expressed its serious concern over the act of authorities and said the failure on part of the concerned engineers to protect and preserve the water bodies of the Kashmir valley more particularly river Jhelum, which was flooded in last year, subjected huge population of the Valley to untold miseries due to loss of life and destruction of properties.
Court while reiterating its previous direction said that this court is pursuing the onerous cause to protect and preserve the water bodies including the river Jhelum. “In order to achieve this purpose, the Engineers of I&FC Department and Deputy Commissioners of all the districts of Valley have been directed to comply with the statutory provisions and the directions passed from time to time”, reads the order.
Division Bench directed the Deputy Commissioners to remove all the encroachments from the banks of river Jhelum, whether in the shape of pacca or kacha structures or the standing trees. “Wherever request is made, the concerned Superintendents of Police shall provide the necessary police assistance to the authorities for removing all the encroachments and all the DCs shall file their reports in this regard by next date”, adding “any person who resists the removal of the encroachment besides being dealt with in accordance with law, will be also dealt with by this court under its contempt jurisdiction”.
Court also directed the authorities to ensure that after removal of the encroachments nobody again makes encroachments thereon. “DCs shall provide the particulars of those persons to the court who have made or are attempting to encroach upon the water bodies more particularly the banks of river Jhelum”, court directed.
Court sought latest status report about the removing of encroachments from and around the banks of river Jhelum from all DCs and Chief Engineer Irrigation & Flood Control Department by next date of hearing.
Court also directed the Divisional Commissioner Kashmir to comply with its earlier direction and file his status report in terms of that direction by next date.
Divisional Commissioner Kashmir was directed to initiate a drive for removing of all the encroachments from the banks of river Jhelum with the assistance of Chief Engineer, I&FC and concerned Deputy Commissioners and Superintendent of Police.
In this regard a Court Committee was also constituted that is headed by Divisional Commissioner Kashmir and concerned DCs and SSPs as its members.
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