*PHE, I&FC Deptt creating roadblock in implementing law
Mohinder Verma
JAMMU, Nov 26: Though State High Court has issued numerous directions for protection of water bodies and checking uncontrolled flow of effluent into the rivers yet the vital body that has all the powers to achieve the intent of such orders has been lying defunct in Jammu and Kashmir during the past over one year.
This is mainly because of the non-serious approach of PHE, Irrigation and Flood Control Department, which by failing to make this forum functional has been creating roadblock in the implementation of important piece of legislation enacted six years back.
Official sources told EXCELSIOR that Monitoring Committee formed by Srinagar Wing of High Court has suggested enactment of strong legislation to preserve the water bodies in Jammu and Kashmir. In the compliance report submitted recently to the High Court, it has been mentioned that the Monitoring Committee headed by Chief Secretary has recommended formulation of comprehensive legal framework for preservation of all water bodies in the State.
Similarly, Division Bench of Jammu Wing of State High Court, in a Public Interest Litigation (PIL), has directed the Government to immediately stop extraction of minor minerals from River Tawi, constructions on its banks and flow of effluent in Tawi, which otherwise is adding towards deterioration of river.
However, a vital body namely Jammu and Kashmir State Water Resources Regulatory Authority, which was created under the law enacted by the State Legislature and has all the powers to achieve the intent of these directions of the State High Court, has been lying defunct during the past over one year.
What to talk of achieving the intent of the directions issued by the High Court this Authority has been given enough powers by the State Legislature to punish those indulging in wanton damage to the water bodies as well as making officers and officials of PHE, Irrigation and Flood Control Department accountable for strict implementation of legislation, sources said.
The J&K Water Resources Regulatory Authority was established under Section 139 of Jammu and Kashmir Water Resources (Management and Regulation) Act, which was enacted by the State Legislature in 2010. The Authority was constituted vide SRO No.339 dated October 15, 2012 and it was specifically mentioned in the SRO that Authority comprising of a Chairperson and two Members would essentially be responsible for regulating water resources within the territorial jurisdiction of J&K, ensuring judicious, equitable and sustainable management, allocation and utilization of these resources and fixing the rates for use of water etc.
Former Chief Secretary of the State, S S Kapur was appointed as the first Chairperson of J&K State Water Resources Regulatory Authority for a period of three years with effect from October 18, 2012 while as Vijay Abrol, former Chief Engineer of Public Health Engineering and Abdul Rashid Tak, former Executive Director, J&K State Power Development Corporation were appointed Members of the Authority also on October 18, 2012.
The Chairperson and both the Members of the Authority relinquished the offices on October 18, 2015 following completion of their three years term. However, despite lapse of over one year, the Government has not initiated any process for appointment of new Chairperson and Members of this important Authority, sources regretted.
Holding those at the helm of affairs in the PHE, Irrigation and Flood Control Department responsible for non-functional Water Resources Regulatory Authority, sources said, “had the new lease of life been infused in this body well within time with all necessary cooperation it would have gone a long way in preservation of the water bodies in the State”, adding “unlike several Commissions this Authority can be given new Chairperson and Members by a select committee consisting of Chief Secretary and Administrative Secretaries of PHE, Irrigation and Flood Control, Planning and Development, Finance and Law Departments”.
“By not infusing new lease of life in the State Water Resources Regulatory Authority, the Department of PHE, Irrigation and Flood Control is creating impediments in the implementation of J&K Water Resources Regulatory (Regulation and Management) Act, 2010”, sources said.
As per the provisions of the Act, prohibition on discharge of sewage or industrial effluent in the water bodies, checking constructions on the bed and banks of the water bodies and extraction of minerals from water bodies fall in the domain of the Authority. Moreover, the Authority has all the powers to impose penalty or punishment on those violating the provisions of the Act.
They disclosed that the then Chairperson and Members of the Authority after formulating Regulations, which act as beacon light for implementing the provisions of the Act, had even prepared draft Water Policy for the State and forwarded the same to the Department of PHE, Irrigation and Flood Control but the documents have still been gathering dust in the Civil Secretariat till date.
Having a comprehensive Water Policy is also one of the directions issued by the High Court recently.
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