Fayaz Bukhari
Srinagar, Nov 24: In a landmark judgment in the backdrop of devastative floods in Kashmir valley in September this year, Jammu and Kashmir High Court today directed the Government to remove all encroachments along the banks of river Jhelum by December 15.
The Division bench of Jammu and Kashmir High Court comprising Justice MH Attar and Justice Ali Mohammad Magrey in a Public Interest today directed Chief Engineer Irrigation and Flood Control Kashmir to ensure removal of all encroachments from the banks of river and directed Inspector General of Police, Kashmir to provide all necessary assistance to the CE I&FC.
“A duty is cast upon the Chief Engineer and other statutory authorities to ensure removal of all encroachments from the banks of river Jhelum along its entire course”, the bench directed.
“For enforcing the laws made in this connection and safeguarding the rights of millions of people of the Valley and miscreants be not allowed to permit to play havoc with the people”, court observed.
The court further observed: “The laws have to be enforced with all their vigor and force. Few individual’s greed cannot be permitted to play havoc with the rights of the millions of people of Kashmir”.
Court also sought original width of River Jhelum from the CE I&FC and said it appears that the CE has confined himself to the city of Srinagar alone for removal of encroachments. While as River Jhelum is the main aquatic life line in the Kashmir valley.
“The compliance report about removal of encroachments shall be filed by the Chief Engineer before the next date. The Chief Engineer shall also inform the court about the original recorded width of River Jhelum”, reads the order.
The court also directed the Inspector General of Police, Kashmir range to provide all necessary assistance to CE and other enforcing agencies while on demolition drive against encroachers. “As already directed, the Inspector General of Police, Kashmir to provide all necessary assistance to the Chief Engineer and other authorities for complying with the statutory provisions and the directions of this court”, the bench directed.
Court warned CE and other law enforcing agencies that in case they failed to remove encroachments then court will deal against them for violating court orders.
“The Chief Engineer and other statutory authorities of the Department shall take all necessary steps for removal of encroachments and report compliance before the next date. In default in removing the encroachments the Chief Engineer and other authorities would be dealt with by the court which may include proceedings against them for violating the court orders”, the bench directed.
After perusal of affidavit filed by CE in terms of court directions, the bench expressed it anguish as no effective steps have been taken against the encroachers except by issuing notices to the encroachers.
“Perusal of the affidavit would show that the time prescribed for removal of encroachments in the notices issued to those persons who have allegedly encroached upon the river banks and irrigation canals has since elapsed but no further action has been taken for removal of encroachments”, the bench said.
Court also observed that the river Jhelum is one of the oldest rivers of the Valley. “Many civilizations have been set up on the banks of this river in its history of thousands of years. The insatiable of human greed is bent upon to destroy this great river”, observed the court.
Court also directed the CE for restoration of Padshahi Canal situated in Ganderbal area which according to the version of CE has shrunk 3 to 5 feet from the range of 17 to 27 feet.
“The silence of Chief Engineer on this important issue needs to be understood in the backdrop that this land has been encroached upon by the land mafia. The Chief Engineer and other authorities would be personally responsible to restore the Padshahi Canal to its original width along the entire course”, the bench directed.
Chief Engineer was in terms of previous directions directed to furnish particulars of those officers who were posted in the area from the year 1990 till date which he has provided and directed him(CE) to furnish full particulars to the registry enabling the registry to issue notice to all these officials.
“These officers explain as to why action in accordance with law be not initiated against them for alleged dereliction of duty. These officers shall also disclose to the court, by filing an affidavit, as to how much movable or immovable property stands in their names or in the names of their spouse and dependent children and whether they are in service or retired”, the bench directed.
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