Historical Canal in Peril | High Court issues notice to Govt for response on Shah Kul’s restoration

Srinagar, Dec 29: The High Court of J&K and Ladakh has issued a notice to the government for its response to a Public Interest Litigation (PIL), seeking to remove “illegal encroachments” and the restoration of the original status of ‘Shah Kul’, a historical canal of importance and a national monument.

A division bench of Chief Justice N Kotiswar Singh and Justice M A Chowdhary issued notice to the J&K government through its Chief Secretary, Vice Chairman, Lake Conservation and Management Authority Srinagar, Secretary Lakes and Conservation and Management Authority, Srinagar, Divisional Commissioner, Kashmir, Deputy Commissioner (DC) Srinagar, Director, Land Records Srinagar,

Commissioner Srinagar Municipality, DG Archaeological Survey of India, Director Gardens and Parks, Chief Engineer, PHE Srinagar, Chief Engineer, PW(R&B) Srinagar and others.

Deputy Advocate General Syed Musaib accepted the notice on behalf of these official respondents (authorities)

The court also issued notice to two private persons from Deewan Colony Ishber Nishat for their response to the PIL to be filed by or before February 21.

In response to the submission by advocate Khuroo on behalf of the petitioner, Mir Muhammad Shafi, that two private persons (respondent Nos.18 and 19) engaged in illegal construction by raising the concrete walls, the court said: “We make it clear that, if any, illegal construction is made without following the due process of law, the same will be at their risk and will be dealt with by law.”

The petitioner has also put as “annexure” a copy of Greater Kashmir dated March 9, 2003, with the petition wherein the newspaper had highlighted the encroachments of the Shah Kul with photographs which attested to these encroachments.

In its report, Greater Kashmir highlighted how a forest officer had not only occupied the Shah Kul but also allegedly misappropriated the historical Jagir road.

The report had stirred the concerned echelons of power for administrative action over the issue.

The PIL seeks the court’s intervention for the removal of all illegal encroachments and restoration of the original status of the historical canal.

It also seeks directions for the restoration of adjoining roads encroached upon by the two private persons.

While the PIL seeks directions for constituting a high-level committee comprising of an officer of ACB and other investigation wings to investigate the “gross mismanagement of the official respondents (authorities)”, it calls for an investigation by CBI to inquire the conduct of the officials in the matter.

Besides other things, the petitioner has referred to a communication by Divisional Commissioner Kashmir to Directorate Land Records way back in 2004 that Shah Kaul, “having National monumental value and a main source of supplying water to Nishat Gardens since the time of King Jahangir, has been encroached upon, resulting into loss of lakhs of rupees because the water required for Nishat Garden is being now lifted through mechanical pumps”.

The Divisional Commissioner, Kashmir, had sought the removal of all types of encroachments on the canal and had also ensured appropriate action against the culprits.

“However, no action has been taken,” the petitioner contended.

While the PIL underscores that the authorities are legally bound at first instance to carry out and act on their reports and orders in its letter and spirit, so to restore the original status of the ‘Shah Kaul’, it urges for removing all encroachments made in and around the ‘Kaul’.

It also seeks to remove the blockage of two public roads for having general public interest and historical importance.