Excelsior Correspondent
Srinagar, Mar 10: The High Court today granted last and final opportunity to the officials of Irrigation and Flood Control Department (I&FC) from Chief Engineer to Junior Engineers to show cause as to why they not be imposed with costs to the tune of Rs 10 lakh to 5 crore for dereliction of their duties to save the River Jhelum from encroachments.
While granting last opportunity to show cause as to why they may be not directed to pay the penalty, the Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey said this issue (imposition of costs) will be dealt by the court on next date of hearing.
“We accordingly direct listing of this petition in the week commencing from March 21 for hearing the learned counsel for the parties on the aforesaid issue”, Court said adding with “The parties who have not filed response till date, are allowed to file the same before next date. In default right to file the same shall stand closed”, reads the order.
Court earlier while taking strong note of shrinking of River Jhelum and encroachments on its embankment had issued notice through public to each Chief Engineer, Superintending Engineer, Executive Engineer, Assistant Executive Engineer and Junior Engineer of the I&FC Department who were posted since 1996 to the areas where from Jhelum flows and asked them to show cause why they shall not be directed to deposit Rs 5 crore, 3 crore, 2 crore, 1 crore and 10 Lakhs respectively with the State treasury.
Among them various officers have complied with the directions of the court and submitted their response to the show cause notice issued by the court while as others are yet to file their stand before the court with regard to dereliction of their duties.
“The encroachments would not have taken place had these authorities discharged their duties in accordance with rules as the reason for coming up of these encroachments and that would be the active connivance of some of these officers with the encroachers”, DB had observed which prompted the court to issue show cause notices to the I&FC officials.
Meanwhile, Court directed the officials of I&FC Department and all Deputy Commissioners of the Valley to comply with their ‘statutory obligation’ in removing all the encroachments from the banks of river Jhelum including Pucca, Kacha structures and standing trees and directed these authorities to submit the compliance report in this behalf on next date of hearing.
Court as already underlined about the assistance in removing the encroachments asked the concerned Superintendents of Police to provide the necessary police assistance to the authorities for removing all the encroachments and warned those persons who resist the removal of the encroachment as those persons will be dealt with accordance with law.
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