Excelsior Correspondent
SRINAGAR, May 9: The High Court has sought response from the authorities with regard to removal of encroachments and demarcation of water body situated in the outskirts of Srinagar and directed the private persons not carry any constructions.
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The Division Bench of Chief Justice N Kotiswar Singh and Justice Moksha Kazmi while hearing a Public Interest Litigation on restoration of pristine glory of the water body known as ‘Shah Kul’ situated in Nishat area of Srinagar directed Insha Qazi and Shagufta Parveen of Ishber Nishat shall not carry further construction without permission of the court.
“In the meantime, the respondents who are yet to file objections may file their objections. In the meantime, there shall be no further construction without leave of this Court by respondents 18 and 19”, the DB directed.
Though the court had directed to proceed against the respondent-Parveen in view of her absence on the earlier occasions, today Advocate Bushra entered an appearance on her behalf and sought time to file objections in the matter.
“Considering the fact that allegations of encroachment have been alleged against the respondent-Parveen in the writ petition, it would be desirable to have her objections in the matter and, accordingly, we allow her to file objections in the matter within two weeks”, the Court said.
The authorities have to inform the court about action taken for demarcation of the water body in tune with the communication of the Director of Land Records/ Settlement Officer, Kashmir, dated 10.03.2003 which ordered a demarcation to be conducted on 11.03.2003 by a team of experienced officials, and carrying out eviction of encroachers, if any, by the staff from Srinagar Municipality and Srinagar Development Authority.
The Court in this backdrop has already desired to know the actions taken or processes undertaken pursuant to the said direction, for which the relevant records were directed to be produced before the court.
The petitioner in his plea sought intervention of court for the removal of all illegal encroachments and restoration of the original status of the historical canal/water body as also the restoration of adjoining roads allegedly encroached upon by the two private persons viz Insha Qazi and Shagufta Parveen.
In support of his contention, the petitioner has also referred to a communication by Divisional Commissioner Kashmir to Directorate Land Records way back in 2004 that Shah Kul has been encroached upon, resulting into loss of lakhs of rupees “because the water required for Nishat Garden is being now lifted through mechanical pumps”.
The Divisional Commissioner, Kashmir, had sought the removal of all types of encroachments on the canal and directed appropriate action against the “culprits”. “However, no action has been taken,” the petitioner said.
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