Early Times Report
Srinagar, Feb 27: The state High Court has constituted a high level committee and has directed it to remove all the encroachments from the banks of river Jehlum.
"A Committee headed by Divisional Commissioner Kashmir, is constituted with Chief Engineer, l&FC Kmr, and Deputy Commissioners of Districts Anantnag, Pulwama, Srinagar, Bandipora and Baramulla, as its members. Besides this, the Senior Superintendents of Police of these districts shall also be the members of said committee," a division bench of Justices Muzaffar Hussain Attar and Ali Mohammad Magrey said hearing a Public Interest Litigation.
"The Divisional Commissioner, Kashmir, with the active assistance of Chief Engineer, l&FC, Kmr., and concerned Deputy Commissioners/ SSPs shall, within one week, initiate a drive for removing all the encroachments from the banks of river jehlum," the court said.
It shall be ensured by the Committee that the original width of the river Jehlum is restored and the encroachments of whatever nature shall be removed without any compromise or laxity on the party of the members of the Committee.
"In order to accomplish the aforesaid noble purpose, initially four weeks time is granted to Committee/Authorities for removing the encroachments. The compliance report be filed before the next date," the bench said, adding, "Since this Court is Custodia Legis of river jehlum and other water bodies, no Court or Tribunal shall consider any suit/ application/ appeal, and all such matters, if any, shall be filed before the PIL Bench." The division bench observed the Court in order to protect the water bodies in larger public interest, is pursuing this case with the benign hope that the future generations do not suffer because of extinction these water bodies.
Though Chief Engineer, l&FC and other authorities have been directed to remove encroachments from all water, "the desired results have not been achieved till data."
The court directed the Chief Engineer, l&FC, Kashmir, to report as to how and in which manner the encroachments are being removed from other water bodies falling within his jurisdiction.
"Kashmir is known for its aquatic bodies. The insatiable greed of some people is bent upon to convert the heaven of this earth into a desert. Earnest efforts are required to be made to ensure that all such evil efforts are frustrated," the division bench observed.
As already noticed in the earlier orders, the bench said, river jehlum, one of the ancient river and lifeline of Kashmir, is also facing extinction because of the greed of some people.
"Steps have to be taken to restore river Jehlum to its original position and the glory which is attached to it has to be brought back." The expression 'life' appearing in Article 21 of the Constitution of India, the bench said, does not relate to life of this generation only.
"The expression 'life' is a continuous and ceaseless process. The water body is to be preserved and protected for sustaining lives of those who have to come here on this planet in future as well. It becomes thus the constitutional obligation of this Court to not only protect and preserve the river jehlum, but to restore it to its original position also."
Meanwhile, in order to ensure that all the encroachments are removed without any resistance from the Padshahi Bagh Canal, the court directed the Deputy Commissioner Srinagar to ensure that the area particularly in Buchpora shall be demarcated within week's ti "me. "Deputy Commissioner Srinagar to keep liaison with Chief Engineer, I&FC In this behalf," the division bench said and directed that immediately after the demarcation of the area, the Chief Engineer shall ensure that all the encroachments are removed. |
