Early Times Report
Srinagar, Mar 5: A Division Bench of Jammu and Kashmir High Court has directed concerned authorities to ensure that no construction activity is carried within 200 meters of river Lidder in Pahalgam. Hearing a public Interest Litigation, a division bench comprising of the court directed the Chief Executive Officer of Pahalgam Development Authority, Chief Engineer Irrigation and Flood Control Department Kashmir and District Development Commissioner, Anantnag to file a status report one week before the next date of hearing on April 9. The Division Bench also perused two Compliance reports filed by the Chief Engineer, Irrigation and Flood Control Department, Kashmir, highlighting volition of the court order. The first report filed on 7-12-2013, court observed that it depicts flagrant violations by five persons namely Ghulam Hassan Wani, son in law of Abdul Gaffar Wani of Anzulla, Anantnag, Ghulam Rasool Bhat son of Abdul Rehman Bhat of Anzula Anantnag, Zonal Educational Officer, Mattan through Tauseef Ahmad Dar of Vailnagabal, Mushtaq Ahmad Sathoo of Anantnag and Zonal Education Officer, Mattan. The Chief Engineer, in his affidavit, court observed, has stated that the violators have been served with notices under section 83 of theWater Resources and Management Act, 2010 and illegal construction activities have been stopped with the assistance of District Administration. "In the earlier order, we have clarified that if any illegal construction within the radius of 200 meters in violation of Court order dated 17-7-2013 is found to be in progress then the authorities would be competent to demolish the same without any procedural difficulties," the court said, directing the CEto file status report
with regard to these five illegal constructions. Another status report has been filed by the CE on 21-09-2013 and according to the statement showing abstract of encroachments on Sheshnag Nagar Nalla and Aru Nalla Tributes of Lidder Nalla in Pahalgam from Rangward and Mondlan to Nonwan Yatra Base Camp, there are 1280 illegal structures. "However, the report does not disclose the date of their construction. The report seems to have been submitted in pursuance of direction issued on 17.07.2013," the court said, adding, "Therefore, it becomes necessary to find out the details of constructions and the approximate dates of their construction because 540 encroachments fell within 50 meters of the water bodies whereas 287 fall within 51 to 100 meters. The rest of 453 structures fall within the radius of 101 to 200 meters. The detailed status report in that regard be also submitted before the next date of hearing." |
