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Restore all canals leading to rival Jhelum to their original position: DB
Avoid any further floods like 2014
2/13/2018 10:06:30 PM
Early Times Report
Srinagar, Feb 13: Hearing a Public Interest Litigation, Division Bench of State High Court Comprising, a Division Bench Comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey ordered that to avoid any further devastative floods like that of 2014, all canals leading to rival Jhelum are required to be restored to their original position.
While hearing a Public Interest Litigation filed by Molvi Peer Noor-ul-Haq, Division Bench observed that Vide order dated 31st January 2018 which was passed in connection with the latest development i.e. collapse of Jhelum embankment at Lasjan, a direction was issued to the Flood Control Department to repair the embankment and to file the photographic evidence which has been filed today same is taken on record. It was also informed that the Deputy Commissioner, Srinagar is enquiring into the matter to ascertain the exact cause of the collapse of the embankment at Lasjan. The report was directed to be submitted which has not been done. However, Sr. AAG submitted that the Government has directed the Deputy Commissioner, Srinagar to conduct the enquiry and to submit the report within fifteen days, however the stipulated time of fifteen days is expiring and directed Deputy Commissioner, Srinagar to file the requisite report within eight days, in default to remain personally present.
Division Bench further observed that in the order dated 14th August, 2014, reference to the affidavit as was filed by the respondent was taken note of, in particular reference to the original width of the canal ranging from 17 feet to 27 feet which by afflux of time has squeezed to the mere width of 3 feet to 5 feet. Shrinking of the width of the canal was taken serious note of, Upon this Division Bench directed the Chief Engineer concerned to file an affidavit so as to show how many irrigation canals existed in the Kashmir Valley as per official record with their present status.
Division Bench directed Chief Engineer and other statutory authorities of the respondent department to take necessary steps for removal of encroachment and to file compliance report. DB also directed Inspector General of Police, Kashmir, was to provide necessary assistance to the Chief Engineer.
Division Bench further observed that the interest and concern shown by the Amicus in pursuing these matters is appreciable. Since he has sought time to supplement the pleadings by filing a comprehensive supplementary application/affidavit, he is permitted to do so with copy in advance to the counsel for the respondents so as to enable them to file response thereto by or before next date.
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