Excelsior Correspondent
SRINAGAR, Sept 10: As all the officials were present virtually before the court as directed in encroachments of historical canal ‘Shah Kul’ case, the High Court today directed for furnishing specific affidavit with Action Taken Plan (ATR) from the authorities to remove the encroachments and restoration of stream in its original position.
As the proceedings started before the Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal, the bench sought factual position from the officials whose appearance was sought by the court. However, some officials including Divisional Commissioner Kashmir, Commissioner SMC and SHO Nishat were not present and on asking the court was informed that the Divisional Commissioner is presently busy with some meeting.
The court was anguished for non appearance of these officials including Divisional Commissioner Kashmir and warned the counsel appearing on his behalf to ask him to appear before the court and inform about his stand with regard to the encroachments to the court today itself after post lunch session or else court has other options to seek their presence. The matter was kept in the post lunch session.
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The court resumed after the post lunch session and the Divisional Commissioner with Commissioner SMC and SHO Nishat also joined the court proceedings virtually. While asking the Vice Chairman Lakes & Conservation Management Authority (LCMA) as to whose permission has been granted for constructions on the land in subject matter. The VC submitted that the permission has been granted after thorough consideration and after issuance of NOC from other departments but when the court directed for stopping of constructions on spot the same has been complied with in letter and spirit.
The VC (LCMA) on reliance of a report filed by the Deputy Commissioner Srinagar admitted that encroachments of 5 kanals and 18 marlas (Approx) is there and some constructions are 15 to 18 years old. “Encroachment is encroachment. This has to be removed by you being at the helm of affairs”, the court told the VC.
The court observed to the counsel appearing for one of the encroachers to demolish the structures raised on public land before court proceeds against them. “We do not want any innocent to suffer”, the CJ observed.
The court also asked all the authorities present in the court to do your statutory duty and don’t put all affairs/burden on court. “The matter is pending since 2023, your own report shows encroachments are there. It was your duty to remove the encroachments. Your people have failed. It seems you are in connivance with. We will correct all of you. FIRs will be registered against encroachers”, the court observed.
Before the court would have passed strict directions, the Sr. AAG Mohsin Qadri intervened and assured the court that every possible step will be taken in coordination with each department to resolve the issue. The court said that there is apparent inaction on part of the authorities despite repeated orders passed since 2023 to remove the encroachments.
The court observed that before assigning the matter to CBI to probe the conduct of officers/officials to those who fail to remove the encroachments, it is proper to seek response from the authorities by next date of hearing.
The court as such directed to submit to address the issues raised in the PIL and furnish a specific affidavit and ATR indicating therein the role of each department and statutory obligation to take the matter forward in order to adjudicate upon the matter in hand.
Meantime, court has also granted liberty to all those individuals who have been served notice through Deputy Commissioner for filing of response to defend their case before proceeding further in the matter on next date.
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