Excelsior Correspondent
SRINAGAR, June 14: The State High Court today directed the Government to ensure that there are no encroachments on banks of River Jhelum and other water bodies and comply with the orders of the court passed in this regard from time to time and warned for punishment to any officer in breach of court orders.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey directed the authorities to comply with the orders of the court and ensure there is no encroachment on water bodies.
“All the authorities are directed to comply with the court order passed from time to time in this PIL. It is further provided that wherever, responses have not been filed same be filed before next date. It is made clear that in case responses are not filed, the matter would be considered and appropriate orders will be passed on next date”, DB directed and sought latest compliance report from the authorities.
Court also directed to all the Deputy Commissioners to ensure that no construction of any kind is raised on the water bodies within their territorial jurisdiction. “It is made clear that in case of any breach of orders of the court, the authorities concerned will be liable for punishment for committing contempt of the court”, DB warned the DCs.
Meanwhile, court has been informed by the petitioner that illegal constructions have been raised on the banks of river Jehlum in Srinagar vicinity, but no action either preventing of raising of these constructions or action for their demolition is taken.
Court sought detailed report from Deputy Commissioner Srinagar and Chief Engineer I&FC by next date about the allegation made by the petitioner, who submitted before the court that some action has been taken in the first instance but thereafter construction has been allowed after greasing the hands of authorities with money.
Court also directed the Deputy Commissioner Kulgam to ensure that no construction is raised on the water body which passes in estate Qaimoh Kulgam and directed him to file his compliance report before the Registrar Judicial within one week.
About the penalty against erring officials of I&FC Department, court directed the registry to frame list of all those Engineers from the rank of Chief Engineer to Junior Engineer to whom show cause notices were issued and have filed their response to the show cause notices.
“List shall be framed by providing the name of the officers/Engineers, date on which they have filed their response to the show cause notices and name of the learned counsel appearing for the said officer/Engineer”, DB said.
Since the list of all those engineers from the rank of CE to JE has been provided to the court by the Government as was directed by the court. Court further said the issue of dereliction of duty on part of these engineers shall be dealt in the first instance on the next date of hearing.
It may be mentioned here that the High Court in the month of March had directed officials of Irrigation and Flood Control Department from the rank of Chief Engineer to Junior Engineer to show cause as to why they not be imposed with costs to the tune of Rs 10 lakh to 5 crore for dereliction of their duties to save the River Jhelum from encroachments.
Court is dealing with a PIL seeking protection of River Jhelum and other water bodies from encroachments and in this regard original width of river Jhelum was also sought from the authorities.
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