Rampant encroachments on banks of River Tawi
Slackness even after identification of illegal constructions
Mohinder Verma
JAMMU, Mar 11: Shocking it may sound but it is a fact that High Court’s explicit directives regarding removal of encroachments from the banks of River Tawi right from Nagrota to Phallian Mandal in a time bound manner have been gathering dust during the past over three and half years.
This is due to absolute non-serious approach on the part of all the concerned Government agencies, which otherwise had sworn on the affidavits before the High Court that all the encroachments will be removed by extending necessary cooperation to each other.
In a Public Interest Litigation (PIL) highlighting rampant encroachments on the banks of River Tawi, a Division Bench of the High Court of Jammu and Kashmir headed by Justice Dhiraj Singh Thakur on July 29, 2016 had observed, “the issue highlighted by the petitioner is of large scale encroachments not only on the banks of River Tawi but in some cases on the river bed right from Nagrota to Phallian Mandal”.
The DB had also taken note of significant order passed on May 13, 2013 whereby Divisional Commissioner was directed to file comprehensive statement detailing therein the extent of encroachment on the banks of River Tawi as also identifying the encroachers besides giving details of the steps taken to remove the encroachers.
The reference of order dated September 15, 2014 was also made by the Division Bench headed by Justice Dhiraj Singh Thakur as vide this order directions were issued for prohibiting any transaction in the form of transfer and mortgage etc in regard to property in River Tawi and ensuring that no further construction from Nagrota to Phallian Mandal takes place.
Accordingly, the DB vide order dated July 29, 2016 had directed the Divisional Commissioner to constitute a committee from all the concerned departments to identify and map the entire land along the banks of River Tawi. “After this exercise, the encroachers shall be identified and report be filed reflecting therein the extent of their encroachment; the nature of the encroachment; time when the encroachment had taken place and the steps taken for removal of the same”, read the DB order dated July 29, 2016.
The DB had made it clear in the order that failure on the part of the concerned authorities would make them liable personally.
Thereafter, a Division Bench of the High Court headed by the then Chief Justice N Paul Vasanthakumar, while hearing the same Public Interest Litigation, had directed, “all kinds of constructions either being carried out by the Government or by any individual on either side of River Tawi from fringe line shall be immediately stopped”.
The then Chief Justice had also observed, “previous order dated July 29, 2016 has not been complied with whereby a direction was given to remove the illegal encroachments from the River Tawi”. Accordingly, he had directed the State to remove the illegal encroachments from the River Tawi and submit action taken report on next date of hearing.
“A list of authorized or unauthorized constructions shall be prepared so that such constructions are removed. As far as authorized constructions are concerned, the same shall be compensated and rehabilitated at some other place as has been done in case of Dal lake dwellers”, the then Chief Justice had further directed while granting time frame of 15 days for preparation of such a list and one month for removal and rehabilitation.
“After removal of constructions the vacant land shall be handed over to the Parks and Gardens Department for beautification of River Tawi bed”, the DB made mentioned in the order.
Though over three and half years have lapsed since the issuance of directions on July 29, 2016 yet no serious steps have been taken by any of the concerned Government agencies to ensure compliance, official sources told EXCELSIOR, adding “it is only because of non-serious approach of all the concerned authorities that clear-cut directives of the High Court have been gathering dust”.
“The non-serious approach is notwithstanding the fact that officers of the concerned Government agencies had sworn on affidavit before the High Court that appropriate and timely action will be taken against the encroachments and illegal constructions”, sources further said, adding “it seems that affidavits were submitted mere as a formality otherwise over three and half years was sufficient period to ensure compliance of the directions of the High Court”.
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