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DB seeks 'requisite' compliance by Div Com, CE I&FC, In default orders duo to appear personally
Jhelum encroachments:
12/22/2015 9:55:48 PM
Early Times Report

Srinagar, Dec 22: A Division Bench (DB) of state High Court today directed Divisional Commissioner (Div Com) Kashmir and Chief Engineer Irrigation and Flood Control (CE-I&FC) to file "requisite response" to its directions regarding removal of encroachments along river Jhelum, the lifeline of Kashmir. Hearing a Public Interest Litigation, the Division Bench comprising Justice Ali Muhammad Magrey and Justice Bansi Lal Bhat ordered that in case of default, both the officers shall remain present before the court on next date of hearing anytime in March next year. "The Divisional Commissioner Kashmir and Chief Engineer Kashmir appear to have matter a very casual exercise of submitting compliance that is based on a report submitted by the Executive Engineer," the Division Bench said, further observing that there was nothing on record to suggest that both the authorities have actually made any effort towards implementation of Court directions. "They are again directed to come up with the requisite compliance by or before the next date and in default of doing so, they shall remain present in person," the Division Bench added.
The Division Bench also directed that all other Deputy Commissioners who are yet to provide the requisite information as directed by the court shall also submit the same before the next date and added in default, they shall also remain present in person on the next date of hearing. The court also found the compliance report filed Deputy Commissioner Kulgam "deficient of details".
The decision came when court was hearing a PIL filed by Molvi Peer Noor-ul-Haq, seeking the Court's intervention on restoring the Padshahi canal, an age-old irrigation passage which has shrunk from 27ft to a mere 3-5ft in width. While hearing the PIL, the court brought the Jhelum and other water bodies under its purview.
Meanwhile, engineers, whose names were issued in the public notice, asking them why should not pay amount ranging from Rs 10 lakh to 5 crores, were present through their counsel.
"They shall file their reply by or before the next date. The absent engineers are also directed to appear before the court with their stand by or before the next date of hearing," the Division Bench added.
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