HC warns authorities for non-compliance of orders

Excelsior Correspondent
SRINAGAR, Oct 9:  The High Court today warned the authorities of stern action in case Court directions on saving of water bodies and wet lands are not complied with.
Court on various occasions directed the authorities to establish the network between the Jhelum, streams, lakes and wetlands and had sought report from authorities in this connection.
With regard to demarcation of National Parks, Wetland, Wildlife Sanctuaries and Conservation reserves, Court had said it needs immediate attention and had sought demarcation report.
When the matter came up today for further consideration, the division bench of Chief Justice Badar Durrez Ahmad and Justice Alok Aradhe took serious note of non compliance of court directions.
Court said, it appears  that the concerned authorities are not taking these direction seriously perhaps this court has not taken any precipitated action. “We must remind the authority that the court is not powerless. On the other hand, it is sufficiently empowered to take such action against the concerned to follow the dictate of the law”, court said.
The Court however, granted one more opportunity to the authorities to enable them to rectify the mistake so that the precipitative  action is avoided.
Court made it clear that if the attitude of authorities continued of display of non serious implementation of directions, then the court may be constrained to adopt the measures which in the law they were entitled to.
“As a final opportunity, we direct all the authority concerned who have been given directions on 18.8.17 & 11.9.17 to comply these within 10 days. In any event we direct that the Commissioner/Secretary Forest department, who was appointed as Nodal Officer for various aspects be present in court on next date of hearing”, DB directed.
Court has also directed the authorities to examine and give report with regard to Padshahi Canal which links the Sindh river.
Court had also sought the report with regard to updating of J&K Disaster Management policy which as per information has been notified.
With regard to constitution of State water resources regulatory authority under water resources (regulation & management) Act 2013 court was informed that proposal was ready and was awaiting for next cabinet meeting, which has not taken place till the last date of hearing.
Commissioner/Secretary Forest was made Nodal Officer so that demarcation process be carried and had directed him to ensure that the exercise be completed by next date. However, no report on his behalf has been filed.
Court directed that the orders passed on 18.8.2017 and 11.09.2017 be forwarded to Chief Secretary so as to ensure compliance of these orders from all the concerned authorities.