Srinagar- The High Court of J&K and Ladakh has issued a notice to the government for its response to a Public Interest Litigation, seeking removal of all encroachments and restoration of original status of ‘Shah Kaul’, a historical canal of Mughal era.
A division bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary issued notice to J&K government, Lake Conservation and Management Authority, Divisional commissioner Kashmir, Deputy commissioner Srinagar, Director, Land Records Settle office, Srinagar, Commissioner Srinagar Municipality, DG Archaeological Survey of India , Director Gardens and Parks, SSP CBI Srinagar and SSP Srinagar besides private persons from Deewan Colony Ishber Nishat for their response to the PIL filed by one Mir Mohammad Shafi.
“It has been submitted by Mr. Khuroo, counsel for the petitioner that the respondent Nos.18 and 19 (private persons) are engaged in illegal construction by raising the concrete walls, the court said, adding, “We make it clear that, if any, illegal construction is made without following the due process of law, the same will be at their risk and will be dealt with in accordance with law.”
The court has sought the response by or before February 21.
Mir, the petitioner, has sought the court’s direction for removal of all illegal encroachments and restoration of the original status of the historical canal.
He has also sought directions for the restoration of adjoining roads encroached upon by the two private persons. Apart from it, he seeks directions for constituting a high-level committee comprising of officers of ACB and other investigation wings to investigate the “gross mismanagement of the official respondents (authorities)”.
He has also sought direction to refer the investigation to the CBI to inquire the conduct of the officials in the matter.
The petitioner has also referred to a communication by Divisional Commissioner to Directorate Land Records way back in 2004 that Shah Kaul, having National monumental value and a main source of supplying water to Nishat Gardens since the time of King Jahangir, has been encroached upon, resulting into loss of lacs of rupees “because the water required for Nishat Garden is being now lifted through mechanical pumps.” The Divisional Kashmir had sought removal of all types of encroachments on Shah Kaul and also for ensuring appropriate action against the culprits. However, the petitioner said no action has been taken.
“The official respondents (authorities), are legally bound at first instance to carry out and act on their own reports and orders in its letter and spirit, so to restore the original status of the ‘Shah Kaul’,” he said, adding, “Remove all encroachments made in and around the ‘Shah Kaul’ and also remove the blockage of two public roads for having general public interest and historical importance.”===
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