ILLEGAL CONSTRUCTIONS ALONG RIVER SINDH
Srinagar, Aug 21: The Jammu and Kashmir High Court has directed the Chief Engineer Irrigation and Flood Control (I&FC) Department to file action taken report on illegal constructions along the River Sindh in Ganderbal district.
Passing directions on a Public Interest Litigation titled Qazi Shamas versus state seeking doing away with illegal constructions along river Sindh in Ganderbal, a division bench comprising Chief Justice M M Kumar and Justice Dhiraj Singh Thakur asked the Advocate General to file the Action Taken Report on behalf of the CE within two days. The court posted the case for next hearing on August 23.
The Court passed the directions after perusing the compliance report filed by the Chief Engineer I&FC which states that he has authorized AEE of Division Ganderbal for prompt execution of the process of removal of encroachments along Nallah Sindh.
“As prerequisite, the AEE has immediately issued notices to the encroachers having indulged in the violation of J&K Water Resources (Regulation and Management) Act 2010 by raising obstructions and constructions on the banks of the nallah” reads the compliance report.
The compliance report said for affording opportunity for filling objections to the proposed action of removal of the encroachments the violators were asked to file the same within 10 days by August 14 stating further that only one person has responded to the notice so far.
It further stated that course of action with regard to demolition of the encroachments was being devised and help of the District Administration will be indulged in for carrying out the demolition.
On July 11, the High Court directed the Chief Engineer of Irrigation & Flood Control Kashmir to take necessary steps for removal of illegal encroachments along river Sindh. The court had also directed the Chief Engineer to file status report in this regard within six weeks.
The High Court had earlier appointed its Registrar Judicial as Commissioner and directed him to file report after examining the alleged illegal constructions along river Sindh.
The court had said that the report should also indicate the action taken against the constructions being made without permission or in violation of law and other details of such constructions.
Subsequently, the Commissioner had submitted a report in the court pointing out a number of encroachments in the area.
On June 10, 2011, the court had directed the Deputy Commissioner Ganderbal and Chief Execrative Officer Sonamarg Development Authority to ensure that no illegal constructions were allowed in the prohibited area along river Sindh.
The petitioner was represented by G A Lone and Advocate General M I Qadri defended the state in the case.