PIL highlighting diversion of 95% water to Niki Tawi
Excelsior Correspondent
JAMMU, Aug 31: In the much publicized Public Interest Litigation filed by inhabitants of Barjala and Khandwal villages highlighting the devastation caused by flash floods during monsoon every year in and around 45 villages in Niki Tawi area due to more than 95% of the discharge of river Tawi in the Niki Tawi from fourth bridge, a Division Bench of the High Court of J&K and Ladakh comprising its Chief Justice N Kotiswar Singh and Justice M A Chowdhary has directed Senior AAG S S Nanda appearing for the Irrigation and Flood Control Department to file a response within 2 weeks to the fresh Miscellaneous Application.
When this matter came up for hearing, Advocate Sheikh Shakeel Ahmed and Advocate Rahul Raina appearing for the petitioners submitted that this year also the monsoon has created havoc in the Nikki Tawi area and just across the Niki Tawi Bridge in the river bed at Village Sure Chak, a construction company namely Shivalaya Construction Company has installed a multipurpose plant for preparing hot mix/batching plaint/ stone crusher and has covered a sizeable area and while installing the huge plant, the company raised the bed level of the river with the result the flow of the water has diverted towards Village Barjala and Khandwal where many buildings including Radha Soami Satsang Ghar, BBAS Institute at Barjala and Gurudwara Sahib at Khandwal have been exposed to the flash floods.
Advocate Ahmed vehemently argued that PIL is pending since June, 2016 and till date the damage control exercise has not been done by the Irrigation and Flood Control Department. He further submitted that except the business of laying crates there is no headway in the matter and the crates get washed away every year due to the non-serious and insensitive approach of the Irrigation and Flood Control Department.
He further submitted that despite the completion of the studies on the morphology of river Tawi/Flood Mitigation Programme, the Irrigation and Flood Control Department is sleeping over the matter and indulgence of this court is warranted.
After considering the submissions of Advocate S S Ahmed appearing for the petitioners whereas Senior AAG S S Nanda appearing for the Irrigation and Flood Control Department and Advocate Mayank Gupta appearing for the Jammu Smart City Project Limited, the Division Bench issued notice in the fresh Miscellaneous Application to the Irrigation and Flood Control Department which was accepted in the open court by Senior AAG S S Nanda who prayed and was granted two weeks time to file a response.
The Division Bench also allowed time to Advocate Mayank Gupta to file an updated status report on behalf of Jammu Smart City Project Limited in terms of the order dated July, 17, 2023. Looking into the importance of the matter the Division Bench directed the Registry to re-notify the instant PIL on September 25.
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