Excelsior Correspondent
SRINAGAR, Sept 4: The High Court has directed for the appearance of top officials for appraisal of encroachments of historical canal ‘Shah Kul’ which is the source of water supply to Nishat Garden.
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As in compliance to court directions, the encroachers have been served notice through Deputy Commissioner Srinagar and further encroachers have been identified during this period for that court issued directions for issuing court notice to them also through DC Srinagar which the Government advocate undertook to facilitate the process to ensure that all of them are served before the adjourned date.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal considering the sensitivity of the matter directed the Vice Chairman, LCMA, Divisional Commissioner Kashmir, Deputy Commissioner, Srinagar, Commissioner SMC, Director, Gardens and Parks, Srinagar, Chief Engineer PHE (JSD) Kashmir, Chief Engineer R&B, Kashmir, Executive Engineer, Irrigation and Flood Control Department, Srinagar and SHO P/S Nishat, Srinagar, to join the court proceedings virtually on the adjourned date.
The court during the proceedings of the case observed that despite the petitioner being pending since 2023, the matter has not made any tangible progress on the ground as such called all these officials for court proceedings in order to resolve the issue.
The court on last week had directed the authorities to furnish the complete details of encroachers of the historical canal ‘Shah Kul’.
The communication of Director of Land Records/ Settlement Officer, Kashmir, dated 10.03.2003 revealed that the 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 within a week’s time.
The plea was filed in the year 2023 seeking court’s intervention in order to remove the encroachments and the restoration of the original status of ‘Shah Kul’ and restoration of its original status.
A communication by Divisional Commissioner Kashmir to Directorate Land Records way back in 2004 was also referred that ‘Shah Kaul’ has been encroached upon, resulting in loss of lakhs of rupees “because the water required for Nishat Garden is being now lifted through mechanical pumps”.
The Divisional Commissioner, Kashmir, had at that time sought the removal of all types of encroachments on the canal and directed appropriate action against the culprits. However, no action has been taken.
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