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HC to consider engineers’ replies on 'paying money' for 'Jhelum's protection'
Jhelum's preservation
3/10/2016 11:25:45 PM
Early Times Report
Srinagar, Mar 10: A Division Bench of J&K High Court comprising Justice M H Attar and Justice A M Magrey announced that it will consider the replies submitted by several engineers to its notices asking them to show cause as to why they should not deposit Rs 10 lakh to Rs 5 crore for 'preserving river Jhelum.'
"Most of them have filed response. The issue will be considered in the first instance and orders in accordance with law will be passed," a division bench of the high court comprising Justice M H Attar and Justice A M Magrey said and accordingly directed the listing of the PIL in week commencing from March 21.
"The show cause notices were issued last year by the division bench to all the engineers who remained posted along the areas of the Jhelum's course from 1996.'.
The court granted final opportunity to all the engineers, posted along Jhelum, to file replies to the show cause notices before next date of hearing.
Based on seniority, the engineers were last year asked by the court to show cause as to why they should not deposit Rs 5 crore to 10 lakh to be ultimately used for the restoration of the Jhelum. "Each Chief Engineer whose particulars are given in the notice to show cause why he shall not be directed to deposit Rs 5 crores with the State treasury," the court had said.
As per court directions, each Superintending Engineer has been asked to 'show cause' why he shall not be asked to deposit Rs three crore, executive engineer Rs two crore, Assistant Executive Engineer Rs one crore and junior engineer Rs 10 lakhs.
The encroachments would not have taken place had these authorities discharged their duties in accordance with rules, the division had said.
The Division Bench had also reiterated its directions to all deputy commissioners' as well chief engineer I&FC department in removing the encroachments along the Jhelum's course.
"All deputy commissioners shall provide details of encroachment existing on the banks of river Jhelum whether in the shape of structures or standing trees," the Division Bench had said, adding they shall continue to remove encroachments from the river banks.
The Court was hearing a PIL filed by Molvi Peer Noor-ul-Haq, seeking the Court's intervention on restoring the Padshahi canal however while hearing the PIL, the court brought the Jhelum and other water bodies under its purview.
Meanwhile, the Division Bench said the authorities shall also comply with their statutory obligation and file compliance report before the next date.
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