Srinagar- The High Court of J&K and Ladakh has directed authorities to inform it about “actions taken” on an over 21-year-old official communication regarding demarcation and eviction of encroachers on ‘Shah Kul’, a historical canal and a national monument which had been the main source of supplying water to Nishat Gardens since the time of Mughal Emperor Jahangir.
Hearing a Public Interest Litigation, a division bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi passed the directions after advocate Shafqat Nazir, representing petitioner—Mir Mohammad Shafi—brought attention of the Court to the communication from the Director of Land Records/Settlement Officer, Kashmir, under No. 2701-03/DIR-50/2003 dated 10.03.2003 which ordered a demarcation to be conducted on 11.03.2003 by a team of experienced officials, and carrying out eviction of encroachers, if any, by the staff from Srinagar Municipality and Srinagar Development Authority within a week’s time.
“This Court desires to know the actions taken or processes undertaken pursuant to the said direction, for which the relevant records shall be produced by the next date of hearing,” the Division bench said and posted the PIL for further consideration on May 8.
The PIL seeks court’s direction on removal of encroachments and the restoration of the original status of ‘Shah Kul’.
The court had also issued notice to two private persons (respondents 18 and 19) from Deewan Colony Ishber Nishat for their response to the PIL.
However no one appeared for respondent No. 19, one of the private persons, and as such the court has decided to proceed ex-parte against the person.
“On 01.04.2024, there was no appearance on behalf of respondent No. 19. Consequently, this Court ordered on 01.04.2024 that if no one appears on behalf of the respondent No. 19, he shall be proceeded ex parte. Today, as no one appears for respondent No. 19, he is set ex parte,” the court said, adding, “We again make it clear in line with observations made by this Court on 27.12.2023, that any illegal construction undertaken without following the due process of law will be at the risk of involved parties and will be dealt with in accordance with law, including demolition of the same.”
The PIL seeks the court’s intervention for the removal of all illegal encroachments and restoration of the original status of the historical canal.
It also seeks directions for the restoration of adjoining roads allegedly encroached upon by the two private persons.
The PIL also seeks directions for constituting a high-level committee comprising of an officer of ACB and other investigation wings to investigate the gross mismanagement of the official respondents (authorities). It also seeks an investigation by CBI to inquire into the conduct of the officials in the matter.
In support of his contention, the petitioner has also referred to a communication by Divisional Commissioner Kashmir to Directorate Land Records way back in 2004 that Shah Kaul has been encroached upon, resulting into loss of lakhs of rupees “because the water required for Nishat Garden is being now lifted through mechanical pumps”.
The Divisional Commissioner, Kashmir, had sought the removal of all types of encroachments on the canal and directed appropriate action against the “culprits”. “However, no action has been taken,” says the petitioner.
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