Excelsior Correspondent
SRINAGAR, June 1: Chief Justice of High Court, Badar Durez Ahmad, today observed that nothing has improved on the ground since 2014 floods and said that the Department of Irrigation and Flood Control is in slumber despite havoc caused by the flood.
The division bench headed by Chief Justice Badar Durez Ahmad observed to the Chief Engineer (CE ) I&FC that “it is on part of your inefficiency and negligence that floods of 2014 have caused such huge havoc and have taken so many lives as also washed away everything of the general public which has put marks on their memory, but you are still in deep slumbers as nothing has improved on ground level”. “Do not assume that floods occur once in hundreds years”, CJ further observed.
Court reprimanded Department on their indolent and sluggish approach in bringing the River Jhelum in its original form and directed them to inform the court about removal of encroachments and dredging process by next date.
Court after perusal of the compliance report of Chief Engineer I&FC said that to avert the 2014 like disaster it says certain short term measures were taken. However, it was not explained what are the measures. Court directed the CE for filing of better affidavit in this regard indicating therein as to what kind of short term measures has been taken.
Earlier, Court had sought report from the CE indicating therein as to how the agency is engaged in drudging of the river and how much is the progress. In its report, CE submitted that the department has allotted the work of dredging the river from the bell mouth of flood spill channel to Panzinara in Srinagar amounting to Rs 20.23 crore and out fall channel of river from Sopore to Sheeri Baramulla amounting Rs 26.77 crore to a dredging company of West Bengal.
“The total quantity of the material to be dredged out as per the contract is 7 lacs cums in Srinagar reach and 9.15 lac cums in Baramulla reach, out of which 2.30 lac cums have been dredged out in Srinagar reach and 2.3 lac cums in Baramulla reach till date”, CE’s report said.
About removal of encroachments it stated that at Padshahi Canal, Doodh Ganga, Lidder, Choonti Kul and Ferozpora Nallah about 2800 trees and 38 structures, 16370 trees and 72 structures, 33418 trees and 13 structures, 8040 trees have been removed respectively.
When asking whether dredging is part of phase-I, the CE said it is the part of phase-I. During the proceedings of the matter, Justice Magrey observed to the CE that “You have to increase the holding of water capacity in Wular lake also. Constructions are going on banks of river Jhelum”.
In its immediate measures, CE’s report revealed that department was directed to plug all the breaches before next monsoon and the embankments restored and under immediate measures the damaged spots stands already completed by executing works under SDRF (3320 spots) and permanent restoration (1235 spots)
CE has further submitted that till the long term mitigation measures are conceived and approved by the competent authority/Government of India, it was decided during the series of meetings held since December 2014 with the Ministry of Water Resources GOI considering the recommendation of the core group that a priority flood management project shall be formulated for urgent works which could be approved & executed immediately as Phase-I.
Court has also enquired about the functioning of State Water Resources Regulatory Authority which comprised Chairman and its three members appointed by the Government on the recommendation of a selection committee and has power to acquire, hold and dispose of property both movable and immovable. .
Court has been informed that the authority is not functioning since from 2015 as it has no Chairman. “Government to establish the authority under J&K Water Resources Act 2010 of section 139 as the same is largely violated because there is no authority existing under the Act from 2015. Establish the authority within 2- weeks from today”, Division Bench of Chief Justice and Justice Ali Mohammad Magrey directed with further direction to I&FC department to file the affidavit indicating therein as to how the Act has been implemented.
Court also sought information in a tabulated form as to what is required to be done and what is actually done in phase-I. “At least phase-I be completed before September, this year”, court said and directed Details of Phase-II be also provided in tabulated form in shape of affidavit by next date.
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