DB warns against action on private land during Shah Khul anti-encroachment drive
24/07/2026
JAMMU, Jul 23: The High Court of Jammu & Kashmir and Ladakh has directed the authorities to ensure that no proprietary land belonging to citizens is touched during the anti-encroachment drive for restoration of the Shah Khul water channel in Srinagar.
A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani passed the direction while hearing a Public Interest Litigation filed by Mir Mohammad Shafi concerning alleged encroachments and restoration of the Shah Khul.
The Bench made it clear that action against encroachments should not result in interference with legally owned private property and directed the competent authorities to examine ownership documents produced by affected persons before taking any coercive action.
The court said that any person claiming proprietary rights over land falling within the area covered by the removal drive would be at liberty to produce title and ownership documents before the competent authority.
The authority concerned has been directed to consider such documents before taking coercive measures against the property.
The direction came on an application in which the Division Bench also issued notice to the counsel for the petitioner and the official respondents, seeking their objections. The application was ordered to be listed along with the main PIL.
During the hearing, the court also took on record separate compliance reports filed by the Deputy Commissioner, Srinagar, and the Jammu and Kashmir Lake Conservation and Management Authority.
Advocate Shafqat Nazir, appearing for the petitioner along with Advocates Heena Baqal and Sabreena Bashir, received copies of the compliance reports and was granted time to file a response.
Senior Additional Advocate General Mohsin Qadri, assisted by Maha Majeed, represented the official respondents. Other counsel also appeared for various respondents in the proceedings.
In a connected contempt petition, the Division Bench granted four weeks to the official respondents to file their objections and statement of facts and directed that the matter be listed along with the PIL.
The court posted the matter for further consideration on September 15.
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