*Survey of Gharana wetland to be conducted on Apr 13
Mohinder Verma
JAMMU, Apr 3: Expressing anguish over inordinate delay in removal of encroachments from water bodies and wetlands in Jammu and Kashmir despite explicit directions, Division Bench of State High Court comprising Acting Chief Justice Ramalingam Sudhakar and Justice Dhiraj Singh Thakur has come down heavily on the official machinery for handling with non-seriousness the grave issue of shrinking of water bodies and buying time on one or the other pretext.
Meanwhile, in order to ensure strict implementation of directions issued from time to time on the subject, the Division Bench has appointed five Court Commissioners, who have been directed to start exercise from Gharana Wetland in R S Pura tehsil by conducting on-spot survey on April 13, 2017.
These directions were issued in a Public Interest Litigation (PIL), which was filed soon after the devastating floods of September 2014 by Rattan Singh and others through Advocate Karan Sharma. Besides raising the issue of inept handling of water bodies and wetlands in Jammu and Kashmir the lack of flood forecasting system has also been highlighted in this PIL of much importance.
The Division Bench of the State High Court vide order dated April 20, 2016 had observed that several wetlands have not been formally handed over to the Wildlife Protection Department since 1981 despite formal sanction. It was observed by the DB that department was managing the area with regard to watch and ward/ anti poaching activities by deploying its officials.
On the basis of status report furnished to it, the DB had observed that out of 1996 kanals area of Shallabugh wetland, 96 kanals and 12 marlas was under encroachment and no steps have been taken to remove the encroachment. Similarly, 417 kanals area of Hokersar wetland was under encroachment, 2530 kanals and 2 marlas in Hygam, 157 kanals and one marla in Mirgund, 79 kanals and 4 marlas in Chattlum and 96 kanals and 17 marlas in Freshkori.
It was also observed by the DB that despite identifying extent of encroachments and registration of cases against some encroachers, no further progress was made to remove encroachments. Accordingly, the DB vide order dated April 20, 2016 had issued directions for taking effective steps to remove encroachments.
“Despite this order and several status reports filed by the Wild Life Department or other stakeholders, not much has happened to restore the water bodies and the wetlands”, the DB said in its latest order, adding “the report given by the Forest Department States that Gharana Wetland has not been handed over to the Wild Life Department. Moreover, it has not been demarcated and encroachments have not been removed. This appears to be the test case insofar as Jammu province is concerned”.
Expressing anguish over the dilly-dallying approach in removal of encroachments in compliance to the earlier directions, the DB said, “the endeavour on the part of the officers to file status reports stating that they are complying the order of the court is only to seek further time on the pretext that one or the other department has not cooperated”, adding “lack of coordination seems to be the reason that delayed the efforts to restore the water bodies and the wetlands”.
“One of the most critical issues that every State is facing is the shrinking of water bodies. It not only causes acute water shortage but also deprives the bore wells from getting recharged after seasonal rains. The wetlands besides providing the water table are also a heaven for birds and aquatic fauna and flora”, the DB said, adding “keeping in view the dilly-dallying approach of the official machinery and in order to ensure that the directions are implemented effectively to save the water bodies we are inclined to adopt a different method”.
Considering the suggestions made by the members of the Bar who expressed willingness to assist the court for the implementation of the orders issued in this PIL, the DB appointed Advocates Gagan Basotra, MA Bhat, Dhiraj Choudhary, Karan Sharma and Harjinder Singh as Commissioners to oversee the implementation of the orders on the issues raised in the Public Interest Litigation.
“In the earlier order Gharana Wetland has not been specifically added but from the reports of the Wildlife Department, it is evident that there are encroachments in Gharana Wetland, which has not been properly demarcated and handed over to the Wildlife Department”, the DB said, adding “we would like to address the issue of Gharana Wetland, which is also known as bird watchers’ paradise and has been notified as a Protocol Water Body and declared as Important Bird Area (IBA)”.
The DB directed the officers of the Revenue Department and the Wildlife Department to conduct an on spot survey of Gharana Wetland on April 13, 2017 along with Court Commissioners and file report on May 18, 2017. “The Committee of Officers and the Advocate Commissioners shall address the issue of demarcation of the wetland, removal of encroachment and for providing protection to the wetlands. They will also suggest various methods to show case the Gharana Wetland as a role model for developing all other wetlands of the State, which are also the subject matter of the Public Interest Litigation”, the DB added.
About flood forecasting system, Division Bench directed Commissioner/ Secretary to Government, Irrigation and Flood Control Department to file a detailed report by next date of hearing.
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