Fayaz Bukhari
Srinagar Mar 5: Jammu and Kashmir High Court today directed the authorities to demolish constructions that have come up in violations of Court order along river Lidder in tourist resort of Pahalgam in South Kashmir’s Anantnag district.
A division bench of the Jammu and Kashmir High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi while hearing a Public Interest Litigation titled Pahalgam Welfare Organization Versus State and Others, directed the Chief Executive Officer Pahalgam, Chief Engineer Irrigation and Flood Control and District Development Commissioner Anantnag to ensure that no constructional activity is carried on either sides of river Lidder in Pahalgam in violation of High Court order passed last year in July.
The bench directed: “And if any construction in violation of court order is found to be in progress then the authorities are at liberty to demolish the same without any procedural difficulties.”
“We reiterate our order dated:-17.7.2013 and directed the Chief Engineer Irrigation and Flood Control Kashmir, Chief Executive Officer Pahalgam Development Authority and District Development Commissioner, Anantnag to ensure that no construction activity is carried in violation of order (dated:-17.7.2013), the status report by each one of them be filed one week before the next date of hearing”, the High Court said.
On July 17 last year, the High Court had directed the Chief Engineer, Irrigation and Flood Control Kashmir to ensure that no construction is carried on about 200 meters on either sides of river Lidder, and had given three months time to Government for finalizing the master plan for Pahalgam.
The status report filed by the Chief Engineer Irrigation and Flood Control, highlighted violation of court order (dated:-17.7.2013). The report depicts flagrant violation by five persons and it says that violators have been served notices U/S 83 of the water Resources and Management Act, 2010 and illegal constructions have been stopped.
The Court order about the violations issued today says: “We have clarified that if any illegal construction within the radius of 200 meters in violation of court order is found to be in progress then the authorities would be competent to demolish the same without any procedural difficulties.”
Another report filed by the Chief Engineer Irrigation and Flood Control before the court depicts that 1280 structures have come up within the radius of 200 meters of Lidder river. However, the report does not disclose when these illegal structures were constructed.
The court order reads: “It becomes necessary to find out the details of construction and the approximate dates of their constructions, and status report in this regard be filed before the next date of hearing.”
The bench found that 540 encroachments fall within 50 meters of the river, and 287 fall within 51-100 meters and 453 structures fall within the radius of 101-200 meters.
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