Excelsior Correspondent
Srinagar, Apr 27: In a major development, the State High Court today took the custody of River Jhelum so that the steps so for taken by the Court in saving the river are not marred and spoiled by anybody including authorities.
Court has made the River Jhelum as Custodial Legis (court property) in order to save the river from any damage or encroachments in future. “We propose to take them into custodial legis so that nobody or authority thoughtlessly proceeds to vandalize these achievements”, Justice Ali Mohammad Magrey and Justice B S Walia directed in a suo moto proceedings regarding construction of a bridge along river Jhelum.
Court said that it is of the opinion that some measures need to be taken to preserve and protect what had been achieved pursuant to the orders passed by the Court earlier in the PIL concerning the Dal which got extended to River Jhelum as also in terms of judgment passed by the court in other PIL.
Court has also sought opinion in this regard from the Government by next date of hearing. “….State-respondents, as well as the learned court counsel are directed to place their respective viewpoints in writing before the court on the next date”, Division Bench of Justice Magrey and Justice Walia said.
Court also observed that River Jhelum and its banks got cleared of encroachments and beautified after series of orders passed by the Court between 2005 and 2007 as huge developmental works were undertaken on both the banks and bunds of the Jhelum in pursuant to court orders at huge cost but the Court said, all those efforts as it appears now have been reduced to shambles by the proposed constructions.
Meantime, Court has stayed the construction of new bridge parallel to the Abdullah Bridge till further orders and made it clear that no construction shall be carried out by the executing agency in relation to such bridge.
However, in so for as Skewed bridge is concerned, court directed the concerned authorities to proceed ahead with the construction of the Skewed Bridge (but not Foot Bridge) as per original plan of 1981 by completing it and throwing it open for the traffic use.
“Should the respondents require any clarification in this regard, they shall be free to seek it from the Court on the next date”, court said and recorded its dissatisfaction, disapproval and disappointment over the functioning of the concerned executing agency by sitting over on the small construction for years.
“We would wish to forewarn that this sloppy and dithering working of the authorities and officers of the department concerned may roll some heads in coming times”, the DB observed.
Court posted the PIL for further consideration on May 8 and till then directed the respondents to file their responses in terms of previous directions. “It hardly needs to be mentioned here that the viewpoint
of the State counsel would be that of the State represented by the Chief Secretary and so it shall have to be filed on affidavit”, read the order.
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