* HC raps authorities over 9 years apathy
Excelsior Correspondent
JAMMU, Nov 17: Coming down heavily on the continuing delay in completion of Tawi barrage and flood protection works, the High Court of Jammu & Kashmir and Ladakh has rapped the authorities for failing to remove the recurring flood threat to Barjala and Khandwal villagers even after nearly nine years of litigation.
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A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal was hearing PIL No. 31/2018 titled “Inhabitants of Villages Barjala and Khandwal Vs State of J&K and others:. The petitioners were represented by Advocate S S Ahmed with Advocates Rahul Raina, Supriya Chouhan and Ch Mohammad Zulkernain while the respondents were represented by Monika Kohli, Senior Additional Advocate General, along with Advocates Rajnish Raina, Adarsh Sharma, Atul Verma, Abid Khan and Anchit Sharma. Sumant Sudan appeared as assisting counsel to Vishal Sharma, DSGI, for the Union side.
The Bench recorded with displeasure that the PIL had been filed as far back as June 4, 2016 and “since then numerous orders have been passed by this Court from time to time, however, the purpose for which the petition was filed and entertained is yet to be achieved.”
Referring to the State’s own status report dated April 9, 2019, counsel for the petitioners submitted that a barrage was being constructed upstream of the 4th bridge on river Tawi for pondage of water and was then stated to be at an advanced stage, with the claim that once completed and the gates made operational, management of water in Nikki Tawi and Baddi Tawi would become possible. “Ex facie,” the Bench noted, “more than six years have gone by and it is still a mark in progress.”
Appearing in person, Sunil Jamwal, Assistant Executive Engineer, Flood Control Division, Jammu, submitted before the court that the project is now “near completion” and would “by all means” be functional by March 2026. On this statement, Monika Kohli, Sr AAG, sought three days’ time to file a specific affidavit indicating the status and timeline, which request was allowed.
The latest status report dated October 10, 2025 placed before the Court revealed that the Central Water Commission (CWC) had earlier raised objections to the draft Detailed Project Report (DPR), compelling the Irrigation & Flood Control Department to re-engage foreign consultants M/s Aqualogus-Oiltech Pvt. Ltd, Portugal, to address the issues and revise the DPR. The consultants confirmed submission of the revised DPR and a site visit, following which the subject site was jointly inspected on October 28, 2025 by CWC, JKERA, I&FC and the consultants.
The revised DPR is presently pending with CWC for final appraisal, after which it is to be sent to the Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Government of India, for sanction and fund allocation.
On the joint request of counsel, the Ministry of Jal Shakti was arrayed as respondent. Sumant Sudan, counsel present in court, accepted notice for the newly added respondent and sought short accommodation to file a specific affidavit indicating the precise time within which CWC would complete all necessary formalities and forward the matter to the Ministry, as well as the time frame within which the Ministry would allocate requisite funds for execution of the project.
The Court underlined that the issue is not academic, but concerns the safety of villagers and vital infrastructure. It noted that none other than the Chief Engineer, Jal Shakti (Irrigation & Flood Control) Department, Jammu, in a communication dated August 7, 2025, has categorically reported that villages Barjala and Khandwal, located on the left bank of Nikki Tawi downstream of Surya Chak bridge, are “highly vulnerable to floods during monsoon season” and that the situation poses “a serious threat to the nearby infrastructure like schools, Satsang Ghar, water supply schemes, houses and agricultural land etc.”
Despite such stark admissions and repeated orders since 2016, the Bench observed that the core purpose of the PIL-ensuring effective flood protection for Barjala and Khandwal-remains unfulfilled, implicitly indicting the bureaucratic delay that has allowed the threat to linger for nearly a decade.
While, for the moment, the court refrained from issuing harsher directions, it made it clear that its patience is wearing thin. “We rest the matter at that, with the hope and trust that the affidavits, that are to be filed by the respondents, would show promise and clearly indicate the progress to enable us to take the petition to its logical end,” the High Court said before adjourning the matter to December 16, 2025.
By explicitly flagging the nine-year pendency, the continuing vulnerability of Barjala and Khandwal and insisting on concrete timelines from both CWC and the Union Ministry, the High Court has sent a strong signal that further drift on the Tawi barrage and flood protection measures will not be tolerated.
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