Fayaz Bukhari
SRINAGAR, June 13: The State High Court today issued non-bailable arrest warrant to over a dozen Engineers of Irrigation and Flood Control Department for not obeying the court orders and issued show cause notices to 53 engineers of the Department asking them why Rs 25 lakh costs may not be imposed on each of them for absolute dereliction of their duty in protecting the water bodies of Kashmir valley from encroachments.
The division bench of Justice MH Attar and Justice Ali Mohammad Magrey today directed: “At this stage, we issue show cause notices to all those Engineers who are represented by the learned counsel as also to those, who till date, have not responded to the notices, to explain as to why they shall not be directed to deposit Rs 25 lakhs each in the State treasury, which amount would be spent for preserving and protecting the water bodies and for restoring them to their original width.”
Court while passing this direction to these engineers observed that it is because of their dereliction of duty and hand in glow with the encroachers the water bodies are near to extinct. “We are, prima facie, satisfied that there has been absolute dereliction of duty and connivance of the concerned Engineers and officers with the encroachers, who as per their duty roster were required to protect the water bodies, which has resulted in near extinction of these water bodies”, court said.
Court had in its previous direction issued warrants against these Engineers and had sought personal appearance of two DCs of South Kashmir and CE I&FC who in terms of court orders were present before the court and various engineers were not present before the court.
It directed the registry to issue non-bailable warrants against those Engineers who were not present before the court and warrants against those who will not file their personal affidavit within one week in terms of court orders.
Out of 53 engineers, 39 have filed their personal affidavits as directed by the court providing of particulars of moveable and immoveable properties, which stand in their names, their spouses and their children. They were also directed to give the details of their bank accounts.
After filing a detailed status report by DC Anantnag in terms of court direction indicating therein removal of illegal structures and recorded width of river Jhelum falling in his jurisdiction court further directed him to provide the information about the present width of river Jhelum and what action has been taken and how many encroachments have been removed and the restoration of Jhelum to its original width.
“At the moment three months time is given to DC Anantnag to remove all encroachments. He shall file status report and Action Taken Report fortnightly before the registry in terms of previous order”, court directed to DC Anantnag. The DC has taken undertaking before the court for removing all encroachments from the banks of river Jhelum within a period of three months and the same direction has been put on DC Pulwama by the Division Bench.
CE I&FC has also in his status report submitted that encroachments are being removed continuously and Advocate General has been asked to inform the court on next date as to how and in which manner the water bodies are being protected after removal of encroachments and will be protected in future.
Court said that the Valley of Kashmir is globally known for its water bodies. God has been gracious enough to confer its choicest blessings on this land. It is because of natures benevolence that Kashmir valley is universally called heaven on planet earth.
“Unfortunately, because of insatiable human greed, some amongst us are hell bent to destroy all that nature has given to us. Our water bodies have shrunk because they have been encroached upon. Even our aquatic life line ‘river Jhelum’ has suffered badly and court is making all earnest efforts not only to protect water bodies of Kashmir valley but to ensure that they are restored to their original width, length and glory”, court order reads.
Court further made it clear that in view of the mandate contained in Article 21 of the Indian Constitution court is performing its Constitutional obligation to preserve its water bodies not only for the benefit of present generation but also for future generation. “It is so because expression ‘life’ appearing in Article 21 of the constitution does not belong to one generation only”, court observed.
Court also warned stern action against the officers who are duty bound to protect the water bodies in case they fail to perform. “Effort of the court, to preserve and protect the Padshahi Canal situated in District Ganderbal will not bear fruits until such time, the officers, who are in position at the moment, learn to respect the laws. For that some stringent action is required to be taken against those, who remained posted in the areas through which the said Canal runs”, court warned.
It is CE I&FC who in his affidavit admitted that width of the said Canal, which was ranging from 17′ x 27′ has shrunk now only to the extent of 3′ x5′ and court sought list of those officers who remained posted from 1990 till date in the area where this canal is located.
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