J&K HC Raps Authorities Asks Div Com To Coordinate Efforts

(MENAFN- Kashmir Observer) Srinagar- Expressing dissatisfaction over the progress made in restoring the Shah Kul to its original shape despite repeated orders, the High Court of J&K and Ladakh has directed the Divisional Commissioner, Kashmir, to coordinate the efforts of the J&K Lakes Conservation and Management Authority (LCMA) and all other concerned departments for removal of encroachment from the historic“canal-feeding channel of Dal Lake”.

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A Division Bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Rajnesh Oswal passed the directions while hearing a Public Interest Litigation (PIL) seeking restoration of the centuries-old canal and removal of encroachments from its original alignment.

The Court expressed dissatisfaction over the progress made by the authorities despite repeated orders and compliance reports submitted in the matter. It observed that although encroachments had been demarcated and efforts had been initiated for their removal, the drive had yet to achieve the“desired” results.

The Court noted that the J&K LCMA had earlier placed a compliance report on record, including details of steps proposed to be taken for restoration of Shah Kul, also known as“Gupt Ganga”. However, it said the Authority had not been able to act at the pace required considering the“critical” importance of the canal and the statutory mechanism available with the government for its restoration.

The Court accordingly directed the Divisional Commissioner, Kashmir, to supervise and coordinate the efforts of the LCMA and other connected departments for removal of all encroachments from the area comprising Shah Koul.

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At the same time, the Division Bench directed that claims, if any, regarding property rights over the affected land be examined by an appropriate Revenue authority under the supervision of the Divisional Commissioner. It made clear that anyone aggrieved by the proposed removal drive, including the private respondents, could submit their claims before the competent authority.

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The authorities have been directed to consider all such claims and issues brought to their notice within seven days from the date of the order (read September 15). Thereafter, the Court ordered that a“stringent exercise” for removal of encroachments be undertaken and Shah Kul restored to its original shape. The matter has been listed for further hearing on October 13.

The PIL, filed in 2023 by one Mir Mohammad Shafi, seeks removal of alleged illegal encroachments and restoration of the historic canal, which has traditionally served as a water-feeding channel for the Mughal-era Nishat Garden.

The petitioner has also placed on record a 2004 communication of the Divisional Commissioner, Kashmir, to the Directorate of Land Records, stating that Shah Koul had been encroached upon, resulting in financial losses as water required for Nishat Garden was being supplied through mechanical pumps.

The PIL further seeks restoration of adjoining roads allegedly affected by encroachments and has sought investigation into the alleged mismanagement by officials, including through appropriate investigating agencies.

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