Shah Kul Encroachments: HC Raps Officials, Seeks ATR

Srinagar- The High Court of J&K and Ladakh on Wednesday asked authorities to perform statutory duty to remove encroachments on 'Shah Kul', a historical canal and a national monument which had been the main source of supplying water to Nishat Gardens since the time of Mughal Emperor Jahangir.

Hearing a Public Interest Litigation, a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal also asked the encroachers to remove the encroachments on their own, lest action would be taken against them.

The court said that authorities should perform statutory duty and not put all burden on the court.“The matter is pending since 2023 and your own report shows encroachments are there. It was your duty to remove the encroachments,” the court said, adding,“Your people (employees) have failed. It seems you are in connivance with. We will correct all of you. FIRs will be registered against encroachers”, the Court observed.

Earlier as the proceedings in the PIL started before the court, the Division bench sought factual position from the officials whose appearance was sought today. However some officials including Divisional Commissioner Kashmir, Commissioner SMC and SHO Nishat were not present.

Apparently anguished at their non-appearance, the court directed counsel representing the officials to ask them to appear before the court in post lunch session or else their presence would be secured.

When the court resumed after the post lunch session, Divisional Commissioner, Commissioner SMC and SHO Nishal joined the court proceedings virtually.

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