File status report indicating steps taken to avoid situations like 2014 flood: HC to Govt

Srinagar, Aug 21: The High Court of J&K and Ladakh has granted the government a week's time to file a status report indicating the steps it has taken in keeping with court orders to prevent a situation like that of the devastating floods in 2014.

A division Bench of Chief Justice (Acting) Tashi Rabstan and Justice Puneet Gupta sought the status report after the government advocate submitted that the report was ready and requested for a short adjournment of one week to file the same.

“He seeks and is granted a short adjournment of one week to file the composite compliance before the Registry, with an advance copy to the learned Amicus Curiae, who shall then submit his response within one week,” the Court said in its order of August 20. It listed the Public Interest Litigation (PIL) filed by an NGO Environmental Policy Group for further hearing on September 26.

On the last hearing, the court had held that preventing the possibility of recurrence of devastating floods like 2014 remained its prime importance and had directed the authorities to file a detailed affidavit indicating steps taken in terms of various orders passed by the Court from time to time in this regard.

“What is of prime importance for this Court is to prevent the possibility of recurrence of such a devastating flood, which had occurred in September 2014 for which several directions have been issued by this court, including directions issued on August 18, 2017, and September 11, 2017,” the court had said.

“This court, vide order dated October 9, 2017, with regard to the directions issued from time to time particularly on August 18, 2017, and September 11, 2017, reminded the authorities that the court is not powerless in matters involving public interest,” the division bench said and added it was sufficiently empowered to take such action which would constrain the authorities to follow the dictates of law.

“The court, however, has adopted an approach to enable the authorities to rectify their mistakes so that “precipitative action is avoided,” the bench had said.

Subsequently, the court issued a slew of directions to the authorities and among others asked them to file a detailed affidavit, detailing what steps they have taken in terms of the various orders passed by the court from time to time.

“The respondent – UT of Jammu and Kashmir shall furnish utilisation certificates in respect of the amount to the tune of Rs 413.23 crore released by Union of India for various projects undertaken by Jammu and Kashmir,” it said.

The court also sought the latest compliance report in terms of its order dated June 10, 2016, in which it, among others, had directed all the concerned Deputy Commissioners to ensure that no construction of any kind is raised near the water bodies within their territorial jurisdiction, which shall also include details in tabulated form regarding the encroachments removed on the River Jhelum.

“The respondent - UT of Jammu and Kashmir is further directed to state by way of filing Action Taken Report detailing therein what preventive measures they have taken and are also envisaging in order to deal with the precarious issue of floods in Kashmir,” the court had said.