HC directs for original form of River Jhelum

Excelsior Correspondent

Srinagar, Oct 1: High Court has directed for submitting the information with regard to original length and breadth and the status with reference to the removal of encroachments from the banks of River Jhelum.
Referring the committee constituted after the devastating floods of 2014 headed by Divisional Commissioner, Kashmir, the Chief Engineer, Irrigation and Flood Control Department and Deputy Commissioners of Districts Anantnag, Pulwama, Srinagar and Budgam and Baramulla as its members as also Senior Superintendents of Police of the above districts.
The Division Bench of Chief Justice Pankaj Mithal and Justice V C Koul said the Committee was entrusted with the task of restoring the original width of the River Jhelum and for the removal of all encroachment without any compromise or laxity and to ensure the effective implementation of the J&K Water Resources (Regulation and Management Act) 2010.
Court directed that the Divisional Commissioner, Kashmir who is heading the Committee constituted by the Court to furnish a fresh status report as to the actions taken by the Committee with details of the meetings.
“The Chief Engineer, Irrigation & Flood Control Department is directed to submit in a tabulation form the entire exercise his department has taken right from the time of initiation of this PIL till date with reference to the original length and breadth of the River and the Padshahi Canal and their present status regarding the number of encroachments removed, and the steps that are being taken in that regard”, DB directed.
Court reiterated that directions were issued to the Deputy Commissioner, Srinagar to get the area of the Padshahi Canal demarcated in liaison with the Chief Engineer, Irrigation and Flood Control Department and thereafter to ensure removal of all encroachments and to submit report to the court.
Court said that it may not be out of place to mention that one of the basic factor contributing to the devastating floods of September 2014 in the Valley was narrowing down of River Jhelum due to encroachment on its sides and the non-silting of the river.
Accordingly, directions were issued to the authorities to draw a plan for the preservation of the River Jhelum and the canals in order to avoid future calamity of the same nature. “The court observed that the Engineers of the Irrigation and Flood Control Department are equally responsible for the Floods of September 2014 and that they have to be adequately dealt with for dereliction of their duty/active connivance with the encroachers”, reads the order.
Court directed the authorities to place before it a complete roadmap which they propose to implement for the cleanliness, preservation and the development of the River and the canals. “Specific report may be called for from each of the Deputy Commissioners of the districts who are members of the Committee with regard to the position of the river and the canal existing in their district concerned”, DB directed.
Court directed all the concerned authorities to ensure that no drain or waste water or effluents or sewage or garbage is dumped into the river or the canals and to indicate the measures taken by them to stop the same.
“In order to save aquatic life, as at one point of time, it was reported that a large number of fishes were found dead and floating in River Jhelum, we direct the Director, Fisheries Department to submit a report in this regard”, reads the order.
Court in order to get the directions passed implemented in letter and spirit made the Commissioner Secretary Forest, Environment and Ecology Department, Commissioner/ Secretary Disaster Management, Relief, Rehabilitation and Reconstruction, Chief Engineer, Irrigation and Flood Control Department , Director Fisheries as 6th respondent, Divisional Commissioner, Kashmir and Deputy Commissioners of Anantnag, Pulwama, Srinagar & Budgam and Baramulla as party respondents to the Public Interest Litigation.