Srinagar- The High Court of J&K and Ladakh has granted the government week’s time for filing a composite compliance report, detailing steps as regards prevention of floods in Kashmir Valley.
Hearing a Public Interest Litigation filed by an NGO Environmental Policy Group, a division Bench of Chief Justice (Acting) Tashi Rabstan and Justice Puneet Gupta passed the directions after government advocate Faheem Nissar Shah submitted that status report is ready and sought a short adjournment of one week to file the same. While granting him the time, the court directed that a copy of the same shall be provided to Amicus Curie “who shall then submit his response within one week.” It has been listed on 26 September for further consideration.
On the previous date of hearing, the court underlined that preventing the possibility of recurrence of devastating flood like 2014 remains its prime importance and had directed authorities to file a detailed affidavit, detailing steps taken in terms of various orders passed by the Court from time to time in this regard.
“What is of prime importance for this Court is to prevent the possibility of recurrence of such a devastating flood, which had occurred in September, 2014 for which a number of directions have been issued by this Court, including directions issued on 18.08.2017 and 11.09.2017,” the court had said
“This Court, vide order dated 9.10.2017 with regard to the directions issued from time to time particularly on 18.08.2017 and 11.09.2017 reminded the authorities that the Court is not powerless in matters involving public interest,” the Division bench had said, adding, “It was further observed that this Court is sufficiently empowered to take such action which would constrain the authorities to follow the dictates of law.”
The Court, however, has adopted an approach to enable the authorities to rectify their mistakes so that “precipitative action is avoided”, the Division Bench underscored.
Subsequently, the court issued a slew of directions to the authorities and among others asked them to file a detailed affidavit, detailing what steps they have taken in terms of the various orders passed by the Court from time to time.
“The respondent-UT of Jammu and Kashmir shall furnish utilization certificates in respect of the amount to the tune of Rs.4,1323.17 lakhs released by Union of India for various projects undertaken by UT of Jammu and Kashmir.”
It also sought latest compliance report in terms of its order dated 10 June 2016 in which it, among others, had directed all the concerned Deputy Commissioners to ensure that no construction of any kind is raised near the water bodies within their territorial jurisdiction, which shall also include details in tabulated form regarding the encroachments removed on the River Jhelum.
“Respondent-UT of Jammu and Kashmir is further directed to state by way of filing Action Taken Report detailing therein what preventive measures they have taken and are also envisaging in order to deal with the precarious issue of floods in Kashmir, in view of impending monsoon season.”
The authorities were also directed to file an affidavit by or before the next date of hearing regarding the steps taken for demarcation, as directed by the Court on 18.08.2017.
In its 18 August 2017 order, the court had directed demarcation be carried out using the latest GIS technology “so that we are clear as to what is supposed to be the area covered by each of the National, Parks, Wildlife Sanctuaries, conservation Reserves and Wetland Reserves and what exists in reality.”
“Keeping in view the sensitivity attached to the issues discussed above, it is made clear that if the needful is not done within the stipulated time period (three weeks), this court, in that eventuality, would be constrained to take coercive steps against the respondents,” the court said.
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