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Insatiable human greed is bent upon to destroy Jhelum: J&K HC
11/25/2014 12:14:51 AM
Early Times Report
SRINAGAR, Nov 24: Observing that "insatiable" human greed is bent upon destroying river Jhelum, Jammu and Kashmir High Court today directed the state government to remove all encroachments along the river-banks.
A Division bench of Jammu and Kashmir High Court comprising Justices M H Attar and Ali Mohammad Magrey directed Chief Engineer Irrigation and Flood Control (Kashmir) to ensure removal of all encroachments from the banks of the river and directed Inspector General of Police, Kashmir, to provide all necessary assistance for it.
"A duty is cast upon the Chief Engineer and other statutory authorities to ensure removal of all encroachments from the banks of river Jhelum along its entire course," the bench directed after hearing a Public Interest Litigation (PIL).
The Bench said the laws have to be enforced with all vigour and force. "A few individual's greed cannot be permitted to play havoc with the rights of the millions of people of Kashmir."
"For enforcing the laws made in this connection and safeguarding the rights of millions of people of the Valley and miscreants be not allowed to permit to play havoc with the people," the court observed.
"Many civilisations have been set up on the banks of this river in its history of thousands of years. The insatiable human greed is bent upon to destroy this great river," it added.
The court also sought details about the original width of River Jhelum from the Chief Engineer saying it appears that the Chief Engineer has confined himself to the city of Srinagar alone for removal of encroachments while as River Jhelum is the main aquatic lifeline in Kashmir Valley.
"The compliance report about removal of encroachments shall be filed by the Chief Engineer before the next date. The Chief Engineer shall also inform the court about the original recorded width of River Jhelum," the order reads.
The court also directed the Inspector General of Police, Kashmir to provide all necessary assistance to Chief Engineer and other enforcing agencies while on demolition drive against encroachers.
"As already directed, the Inspector General of Police, Kashmir to provide all necessary assistance to the Chief Engineer and other authorities for complying with the statutory provisions and the directions of this court," the Bench directed.
The court warned the Chief Engineer and other law enforcing agencies that in case they failed to remove encroachments, the court will deal against them for violating court orders.
"The Chief Engineer and other statutory authorities of the Department shall take all necessary steps for removal of encroachments and report compliance before the next date. In default in removing the encroachments the Chief Engineer and other authorities would be dealt with by the court which may include proceedings against them for violating the court orders," it said.
After perusal of affidavit filed by the Chief Engineer, the bench expressed anguish as no effective steps have been taken against the encroachers except issuing notices to them.
"Perusal of the affidavit would show that the time prescribed for removal of encroachments in the notices issued to those persons who have allegedly encroached upon the river banks and irrigation canals has since elapsed but no further action has been taken for removal of encroachments," the court said.
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