Excelsior Correspondent
Srinagar, Aug 30: The High Court has directed the authorities to furnish the complete details within two days of encroachers of the historical canal ‘Shah Kul’, the source of water supply to Nishat Garden and directed the Deputy Commissioner Srinagar to serve court notice to the encroachers.
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The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal directed the authorities to furnish within two days the details of persons who have encroached upon the historical and national monument ‘Shah Kul’.
The court directed that the encroachers be served through the Deputy Commissioner, Srinagar and the counsel appearing for Government undertook to facilitate the process to ensure that all of the encroachers are served before the adjourned date.
“In the meanwhile, the respondent authorities shall also furnish the complete details/ particulars of even other encroachers, named in a document appended to the supplementary compliance report furnished by the respondents within two days”, the court directed.
The court has previously directed the authorities to inform it about “actions taken” on an official communication regarding demarcation and eviction of encroachers on ‘Shah Kul’, which had been the main source of supplying water to Nishat Garden.
The communication of Director of Land Records/Settlement Officer, Kashmir, dated 10.03.2003 revealed that he 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 Court had desires to know the actions taken or processes undertaken pursuant to the said direction, for which the court had sought all relevant records.
The plea sought court’s intervention in order to remove the encroachments and the restoration of the original status of ‘Shah Kul’.
The PIL sought the court’s intervention for the removal of all illegal encroachments and restoration of the original status of the historical canal and directions for the restoration of adjoining roads allegedly encroached upon by some private persons.
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 into 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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