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| HC asks DCs to ensure no construction is raised on water bodies | | | Early Times Report
Srinagar, June 14: A division bench of the high court has directed all the deputy commissioners to ensure that no construction is raised on the water bodies within their territorial jurisdiction.
The direction was passed by a division bench of Justices Muzaffar Hussain Attar and Ali Mohammad Magrey while hearing a Public Interest Litigation.
"It is made clear that in case of any breach of orders of the court, the authorities concerned will be liable for punishment for committing contempt of the court," the bench said.
In another direction, the court directed its registry to prepare list of all those officers and engineers to whom show cause notices were issued and who had filed their responses.
"List shall be framed by providing the name of the officers/engineers, date on which they have filed their response to the show cause notice and name of the counsel appearing for them," the court said, adding that it would consider these issues in the first instance on next date of hearing likely on any working day during the week commencing from July 18.
The showcause 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.
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.
Similarly, 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 necessity of seeking particulars of all these engineers, who remained posted at one or other point of time in the areas through which the river Jhelum passes, arose because it has come on record that river Jhelum has been unabashedly encroached upon throughout its course," the court had added.
The encroachments would not have taken place had these authorities discharged their duties in accordance with rules, the bench had said.
Meanwhile, the court directed all the authorities to comply with the court orders passed from time to time in this PIL and file latest compliance report.
"It is further provided that wherever, responses have not been filed, same be filed before the next date. It is made clear that in case responses are not filed, the matter would be considered and appropriate orders will be passed on next date ," the bench added. |
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