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news details
DB directs I&FC to submit reasons for differential volumes of discharge in Nikki Tawi, Baddi Tawi
11/22/2018 10:20:49 PM
Early Times Report
JAMMU, Nov 22: In a significant order a Division Bench of the State High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal has directed the Commissioner/Secretary to Govt. of J&K PHE, I&FC Department, Chief Engineer I&FC to file a status report explaining circumstances, differential volumes of waters being discharged in the Nikki Tawi and Baddi Tawi area. The Division Bench further allowed time to Senior AAG H A Siddiqui and Deputy AG Vishal Bharti appearing for the State Government to file a status report with regard to the steps taken for managing the waters in the Nikki Tawi and Baddi Tawi.
These directions were passed by the Division Bench in a Public Interest Litigation filed by Inhabitants of Villages Barjala and Khandwal through Gurdev Singh (Chairman Panchayat Adalat Committee Khandwal) and Ghulam Nabi Sheikh Retired Executive Engineer highlighting the devastation caused by flash floods in the year 2014-15, 2015-16 in Nikki Tawi area were due to floods more than 45 Villages including Khadwal and Barjala were affected.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioners the Division Bench headed by Chief Justice Gita Mittal further directed the Irrigation and Flood Control Department that it shall examine the possibility of undertaking development on the banks of the River of both the Branches of the River Tawi and to place the status report regarding possibility of the developing of the same as recreational areas to facilitate the preservation and maintenance of thereof as well as provide additional usable open areas to the citizens of Jammu.
Advocate S S Ahmed vehemently argued that every year the flash floods create havoc in Nikki Tawi area with the result 45 Villages are submerged under water and the said Villages get disconnected from Jammu and the sole cause of the floods is the irrational distribution of water during rainy season as 90% of the water is discharged from main bridge to the Nikki Tawi whereas 10% of the water is discharged in Baddi Tawi and further submitted that in case the rain water is distributed rationally then flash floods can be averted in both Nikki Tawi and Baddi Tawi areas. He further submitted that the Inhabitants of Nikki Tawi area have suffered immense loss due to floods as every year due to floods the agricultural land on the Banks of the River gets washed away and no remedial measures are initiated by the Irrigation and Flood Control Department and only excuse taken is the non-availability of funds.
Division Bench after considering the submissions of Advocate S S Ahmed issued directions to the Commissioner/ Secretary to Govt. of J&K, PHE, I&FC and others to explain circumstances, differential volumes of waters being discharged in the Nikki Tawi and Baddi Tawi.
Advocate S.S. Ahmed also invited the attention of the Division Bench to the counter affidavit filed by Commissioner/ Secretary to Govt. of J&K, PHE, I&FC wherein it was disclosed that an amount of Rs 250 lakhs against the demand of Rs 464.15 lakhs have been released by the Planning Development and Monitoring Department for 17 No. of works out of 36 works is being placed at the disposal of Chief Engineer, I&FC Department Jammu and regarding the pending cases the proposal is under consideration in the Department.
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