Fayaz Bukhari
SRINAGAR, Mar 30: The High Court today directed the authorities to expedite the process of drudging of River Jhelum and removal of encroachments so as to prevent 2014 like catastrophe.
Division Bench of Justice Mohammad Yaqoob Mir and Justice B S Walia after perusal of the report of the Chief Engineer (CE) said the interest shown by the official can be appreciated only when it is translated into action. “River Jhelum right from the place of its origin up to end point runs through middle of the Valley and any lapse in ensuring complete drudging and removal of encroachments may definitely give rise at any time to a catastrophe”, DB observed
Referring to the devastating floods of 2014, High Court said that once a catastrophe has been experienced and it has left the scars but at the same time authorities concerned are awakened. “Therefore there can be no chance for exhibiting remiss and in case any type of indolence is shown in completing the drudging process at convenient speed coupled with the removal of encroachments, the authorities concerned shall have to be personally answerable” , court warned.
“The Chief Engineer shall ensure that the requisite status report is filed by or before next date wherein it shall also be indicated as to how the agency engaged for drugging is working progressively”, the HC directed.
“We hope and trust that the spirit of Chief Engineer in his report has stated that to restore the pristine of River Jhelum, being a paramount concern of the department, no stone shall be left unturned to achieve the objective the translated into action”, Justice Mir and Justice Walia said.
CE I&FC in his status report has stated that all sort of encroachments are being removed where drudging is being carried out so as to retrieve the encroached water body and for restoring the pristine of Jhelum no stone shall be left unturned in achieving the objective. “Chief Engineer shall file report so as to show how the aforesaid commitment is translated into action”, DB directed after commitment shown by the CE.
The report of CE further stated that with an active support of district administration, 1685 structures and 770857 trees prior to the instant report have been removed and in addition thereto 384 more structures with 17820 trees stand removed.
In its report, CE has also given clearance the issue of building permission granted by SMC authorities and the matter has been taken up with them to refrain in future from granting any kind of building permission without the consent from I&FC department.
Court had last year directed all the Deputy Commissioners to prohibit any kind of construction on the water bodies within their territorial jurisdiction.
In compliance of the direction Deputy Commissioner, Srinagar, has filed the report stating therein that he has issued order No.DCS/ARA/390-401/2016 dated 18.06.2016, whereby all the concerned authorities have been strictly impressed upon to ensure that no permission or NOC for raising construction on water bodies is issued.
“The I&FC Department, Srinagar Municipal Corporation and the concerned Tehsildars have been impressed upon vide letter dated 25.03.2017 to submit detailed report about the allegations made by the petitioner, as reflected in the order dated 10.06.2016”, read the report of DC Srinagar.
It was also stated in the report that all the concerned Tehsildars have reported that no construction has been noticed on the banks of River Jhelum except Tehsildar, South, Srinagar, vide report dated 04.07.2016 has made it clear that repair of structure partially gutted in a fire incident at Gonikhan has been noticed. On such report, Tehsildar has been directed to seize the construction material available on spot.
Petitioner, who was present in the court in person, submited that the action was taken but subsequently Municipal Corporation has issued the permission, therefore, again same construction is being raised. “In this behalf Srinagar Municipal Corporation shall file response as to why and under what circumstances such permission has been granted”, court directed.
“Deputy Commissioner, Srinagar, shall also file latest status about the encroachment, if any, on the banks of River Jhelum within his jurisdiction, by or before next date”, read the order.
Deputy Commissioner, Kupwara, in its status report stated that all Tehsildars of the District have been instructed to provide assistance for demarcation and also support to demolition teams as shall be constituted by I&FC Department for removal of encroachments on rivers,nallahs and irrigation kohls and other water bodies. He has also made it clear that the removal of encroachment with effect from 07/2016 was not effected due to unrest in the Valley.
“It is to be noted that the unrest ended in the month of October, 2016. Nothing has been said about the period up to March, 2017”, court said and directed Deputy Commissioner, Kupwara, to file fresh status report stating therein as to how the encroachments are being removed and the demarcation wherever required vis-à-vis water bodies within his jurisdiction is made.
Deputy Commissioner, Budgam, in his report has stated that the District Level Sub Committee has made it clear that no fresh encroachment or construction has been raised on the bank of River Jhelum and Nallas, court said, but the report is not clear about the already existing encroachments, therefore sought fresh report from Deputy Commissioner, Budgam, indicating therein the position of encroachments, if any, existing on the water bodies including River Jhelum within his jurisdiction.
Deputy Commissioner, Pulwama, in his report has stated that no fresh violation has been reported, demarcation of River Jhelum within his jurisdiction has already been completed, the detail of structures and trees to be removed stand forwarded to the Executive Engineer, Flood Control Division, Kakapora, and he has been asked to remove the encroachments which were existing to the extent indicated in the report.
Court directed the Executive Engineer, Flood Control Division, Kakapora, to file a report as to how for the encroachments, the details of which have been forwarded to him under the orders of the Deputy Commissioner, Pulwama, have been removed.
Deputy Commissioner, Bandipora, in his report has stated that on March 15, the encroachments have been removed. In addition, he has stated that Tehsil wise teams headed by concerned Tehsildars have been constituted in order to ensure that no wet lands are encroached in their respective jurisdictions.
“Deputy Commissioner, Bandipora, shall file a latest status report by or before next date as to how the said committee have proceeded regarding removal of encroachments, if any”, the DB directed
Deputy Commissioner, Doda, has filed the report stating therein that a message has been flashed to all the concerned Revenue officers within his jurisdiction to keep strict vigil and surveillance so as to ensure that no construction of any kind is raised in future on the water bodies.
“The Deputy Commissioner shall file fresh status report by or before next date indicating therein as to what action has been taken regarding earlier existing encroachments, if any”, the DB directed.
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