Shah Kul: Submit proposed action plan on restoration by Oct 7: High Court to government
Srinagar, Sep 17: The High Court of J&K and Ladakh has asked the authorities concerned to submit the proposed action plan related to restoration of Shah Kul - a historical canal of importance and a national monument that had been the main source of water to Nishat Gardens since the time of Mughal Emperor Jahangir- to its original status by October 7.
Hearing a related Public Interest Litigation (PIL), a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal sought the affidavits from various departments wherein each department has to indicate its role to address the very possible issue.
The authorities to file these affidavits include Vice Chairman LCMA, Divisional Commissioner Kashmir, Deputy Commissioner Srinagar, Commissioner SMC, Director Gardens and Parks Srinagar, Chief Engineer PHE (JSD) Kashmir, Chief Engineer R&B Kashmir, Executive Engineer Irrigation and Flood Control Department Srinagar and SHO Police Station Nishat, Srinagar.
As the matter came up today, the court observed that these authorities were directed to file the proposed action plan after they joined the court proceedings virtually on December 10. They in unison had assured the court that every possible endeavour would be made to address the concerns that are raised in the petition, the bench said.
“They (authorities) have not filed the same,” the court said and ordered that the authorities would submit the action plan by October 7, the adjourned date. The Court also ordered that the 23 persons who have allegedly encroached upon ‘Shah Kul’ shall file their response to the allegations. Earlier, the court had in response to an application seeking to implead 23 persons as party respondents for having allegedly encroached upon the canal had issued notices to them for their response. The Court was hearing the PIL was filed in 2023 that seeks its 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 allegedly encroached upon by the two private persons.
The PIL also seeks directions for constituting a high-level committee comprising an officer of ACB and other investigation wings to investigate the gross mismanagement of the official respondents (authorities). It also seeks an investigation by CBI to inquire into the conduct of the officials in the matter.
In support of his contention, the petitioner—Mohammad Shafi— has also referred to a communication by Divisional Commissioner Kashmir to Directorate Land Records way back in 2004 that Shah Kaul 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 directed appropriate action against the “culprits”. “However, no action has been taken,” says the petitioner.
