PIL on Flood: DB directs Secy PHE to appear along with flood action plan

15/05/2019

SRINAGAR, MAY 14: Division Bench of state High Court Comprising Chief Justice Gita Mittal and JusticeTashi Rabstan disappointed over the inertia to formulate an action plan to prevent floods like the one that created havoc in 2014, directed Commissioner/Secretary PHE remain personally present and submit the action plan before this Court on or before the next date of hearing.
When the matter came-up for hearing, DB observed that despite repeated orders of this Court including the order dated 4th February, 2019, recorded in PIL No.18/2018, this Court found that no action plan has been formalized or placed on record.
The status reports filed on record only refer to dredging of existing water ways. DB further observed that this Court found reference by the respondents to the Geo mapping of pre-existing water ways to enable the resondents to interlink the water ways, it would appear that the geo mapping has not even begun.
DB further observed that the sum and substance of the examination of the various orders passed in this bunch of PILs and the status reports shows that till date the State Government does not even have any action plan even with regard to measures which are necessary to prevent the flooding of the nature which occurred in the year 2014.
DB further observed that the record suggests that there may be encroachments in the pre-existing water ways which would require to be removed so as to ensure no flood takes place. These are not matters which can be addressed overnight.
Therefore, it is a matter of grave concern that despite almost five years having passed since the floods of 2014, the State Government unable to formulate even an action plan in order to ensure protection of the life and property of the citizens in the State. This matter brooks no delay at all.
DB further observed that the petitioner who is present in the Court has submitted at length with regard to the strong possibility of floods in the immediate future especially keeping in view the heavy snow falls which several regions of the State have experienced this year and also the rain pattern which is being experienced.
Upon this DB directed Registry that let copies of our orders dated 27th August, 2018, 28th August, 2018 and 4th February, 2019 and the order passed today be placed before the Chief Secretary of the State for urgent examination and a report be submitted to this Court. And in the meantime, DB direct the respondents to file details of the locations where dredging has been effect in a tabluted form.
DB also directed them to indicate these places (where dredging has been effected) with colour coding on a physical map and place the same before us on the next date of hearing. JNF

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