| HC directs state to remove encroachments on wetlands, water bodies | | | Early Times Report
Jammu, Apr 27: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today directed the state to take effective steps to remove encroachments on wetlands and other water bodies by following the procedure.
The court directive came in a PIL, seeking removal of encroachments on wetland reserves and other water bodies within the state and restore them in their original form.
A pray was made in the PIL to implement the February 4, 1981 government order No FST/20 in letter and spirit and provide actual area of all water bodies, wetland reserves, water channels and other water reserves in J&K and how many of them had been encroached upon till date.
PIL also sought furnishing of steps taken to remove encroachments, constitute a mechanism to monitor steps for their protection, management, restoration and conservation, prevent respondent No 7 from pumping out water from Mansar lake, take steps for equitable consideration and distribution of funds, take early steps to install flood forecasting system in the state and have a separate disaster management plan to keep the state machinery in a state of readiness and take effective steps to control the water pollution.
The divisional commissioner had earlier stated that as per its February 4, 1981 order, the government had accorded sanction for creation of three national parks, five wildlife sanctuaries, eight game reserves, 11 wetland reserves and two biosphere reserves.
The bench observed that 11 wetlands were sanctioned, besides seven wetlands which were already under the control and management of Wildlife Department. Such wetlands had not been formally handed over to the wildlife protection department since 1981. However, the said department was managing the area with regard to ward and watch and anti-poaching activities by deploying its officials.
The extent of encroachment mentioned in the report in wetland reserve Shallabugh was 96 kanals 12 marlas out of a total area of 1996 kanals (100 sq km), but no steps had been taken to remove it. Similarly, 417 kanals out of 27,500 kanals (13.26 sq km) in Hokersar, 2,530 kanals 2 marlas out of 14,210 kanals in Hygam, 157 kanals 1 marlas out of 8,000 kanals in Mirgund, 79 kanal 4 marlas out of 43 hectares in Chattlum and 96 kanals 17 marlas out of 17 hectares in Freshkori were under encroachment.
The bench observed that after seeing the status report, the petitioner's grievance was that inspite of identifying the extent of encroachments and registration of cases against the encroachers, no further progress was made to remove the encroachments.
The court issued interim direction and directed state to take effective steps to remove encroachments by following the procedure and filing the progress report. (JNF) |
|
