Avoid any further devastative floods like that of 2014, all canals leading to rival Jhelum are required to be restored to their original position:DB

14/02/2018

Srinagar, Feb 13: Hearing a Public Interest Litigation, Division Bench of State High Court Comprising, A Division Bench Comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey ordered that to avoid any further devastative floods like that of 2014, all canals leading to rival Jhelum are required to be restored to their original position.
While hearing a Public Interest Litigation filed by Molvi Peer Noor-ul-Haq, Division Bench observed that Vide order dated 31st January 2018 which was passed in connection with the latest development i.e. collapse of Jhelum embankment at Lasjan, a direction was issued to the Flood Control Department to repair the embankment and to file the photographic evidence which has been filed today same is taken on record. It was also informed that the Deputy Commi ssioner, Srinagar is enquiring into the matter to ascertain the exact cause of the collapse of the embankment at Lasjan. The report was directed to be submitted which has not been done. However Sr. AAG submits that the Government has directed the Deputy Commi ssioner, Srinagar to conduct the enquiry and to submit the report within fifteen days, however the stipulated time of fifteen days is expiring and directed Deputy Commissioner, Srinagar to file the requisite report within eight days, in default to remain personally present.
Division Bench further observed that 3the report as filed by the Sr. AAG which include Water Testing Report giving an insight regarding cause of collapse be taken on record. In addition thereto Amicus Curiae states that he has personally visited the spot and had gathered some information. Now he has prepared the report which he will file by or before next date.
Division Bench further observed that in the order dated 14th August, 2014, reference to the affidavit as was filed by the respondent was taken note of, in particular reference to the original width of the canal ranging from 17 feet to 27 feet which by afflux of time has squeezed to the mere width of 3 feet to 5 feet. Shrinking of the width of the canal was taken serious note of, Upon this Division Bench directed the Chief Engineer concerned to file an affidavit so as to show how many irrigation canals existed in the Kashmir Valley as per official record with their present status.
Division Bench further observed that the affidavit was filed which has been taken note of in the order recorded on 24.11.2014 suggesting that as pre record, 522 canals are in existence and functional. In isolated cases, the canals passing through suburbs of Srinagar City and main towns have been encroached upon since last few decades because of urbanization. Timely action has not been taken for removal of encroachment.
Division Bench directed Chief Engineer and other statutory authorities of the respondent department to take necessary steps for removal of encroachment and to file compliance report. DB also directed Inspector General of Police, Kashmir, was to provide necessary assistance to the Chief Engineer.
Division Bench further observed that in the order dated 29th March, 2017, while taking note of the report filed by the respondent Irrigation & Flood Control Department, undertaking to remove all sorts of encroachments and taking note of the dredging being carried out so as to retrieve encroached water bodies, the concerned Executive Engineers were to get the process of demarcation expedited so as to remove all encroachments.
Division Bench further observed that essence and object of the PIL is in the process of being achieved. A direction was issued for removing of encroachments from all the canals existing in the Kashmir Province. Deputy Commissioners of the concerned Districts were to monitor and to ensure removal of encroachment through concerned authorities. There has been some progress but latest status has not been filed and directed Deputy Commissi oners in their respective districts shall mobilize all concerned, in particular Irrigation and Flood Control Department in coordination with concerned Chief Engineer for ensuring complete removal of encroac hment from the canals in their respective districts.
Division Bench further ordered that to avoid any further devastative floods like that of 2014, all canals which, in fact, are tributaries leading to rival Jhelum are required to be restored to their original position by removing all encroachments and the river Jhelum is also required to be restored to its original position. Division Bench further observed that Environ mental Policy Group in this PIL have sought issue of mandamus so as to command the respondents to frame and execute a comprehensive Jhelum restoration and flood prevention plan on scientific lines so as to block the future recurrence of flood and inundation of residential areas and also to furnish details of the amounts received from the Central Government for restoration, repairs of the damaged breaches of Jhelum embankments /bunds and the amount spent so far on the execution of the said restoration work, further a command be issued to the respondents to ensure completion of dredging of river Jhelum within a stipulated period of time. It has also been prayed that the respondents be directed to undertake the dredging of Wular Lake for restoration of 40% of its lost storage capacity and from time to time compliance reports have been filed but today Amicus apprised the Court that he with the active support of certain environmentalists and the persons interested in protection of environment have undertaken a process of evolving a comprehensive plan of action which will be futuristic.
Division Bench further observed that the interest and concern shown by the Amicus in pursuing these matters is appreciable. Since he has sought time to supplement the pleadings by filing a comprehensive supplementary application/affidavit, he is permitted to do so with copy in advance to the counsel for the respondents so as to enable them to file response thereto by or before next date. JNF

Share This Story


Comment On This Story

 

Photo Gallery

  
BSE Sensex
NSE Nifty