Excelsior Correspondent
Srinagar, Sept 9: As the authorities have failed to apprise the court regarding the steps taken to prevent the devastating floods like 2014, the High Court came down heavily on the Government and sought appearance of Divisional Commissioner Kashmir by tomorrow virtually before the court.
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The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal took strong note on the casual approach of concerned authorities with regard to filing of ATR to the recommendations made by the amicus to the PIL with regard to preventing the floods like 2014.
The bench observed the matter is sensitive and despite opportunities, the respondents have failed to submit the compliance report in terms of previous orders of the court.
“The administrative apathy is apparent, which leaves us with no choice but to request the Divisional Commissioner, Kashmir to join the proceedings virtually on the adjourned date. List on 10.09.2025”, the DB directed.
The amicus to the PIL has submitted his recommendation and suggestions with regard to measures required to be taken to prevent the 2014 like devastating floods. The counsel representing the Government of J&K had prayed for short accommodation to examine those suggestions in order to submit the Action Taken Report (ATR) on behalf of the Government
However, when the matter was called today for further consideration, the court found that no compliance or ATR has been filed. The court has reprimanded the authorities through representing counsel and warned for stern action to take the issue involved in the PIL as casually.
The court was hearing a PIL relating to various issues and the measures sought to be taken to prevent any similar devastating floods, which had occurred in September, 2014. The PIL was filed to avert/prevent a similarly devastating flood, which occurred in the valley of Kashmir around Jhelum river in September 2014.
The Court, on earlier occasions, after hearing the parties passed a number of directions from time to time, highlighting the need for an immediate requirement of the demarcation of Wildlife Forests, Wildlife Sanctuaries, National Parks, Conservation Reserves and Wet Land Reserves as concomitant steps towards the main aim of preventing floods.
The attention of the court was drawn to the order passed on 18.08.2017, whereby, it was directed to the concerned authorities to immediately carry out demarcation of the National Parks, Wildlife Sanctuaries, Conservation Reserves and the Wetland Reserves.
In the regard, the Amicus Curiae had submitted that an important National Park ‘Kazinag National Park’ located in north Kashmir, Uri, Baramulla district along with two Wildlife Sanctuaries, namely, Limber Wildlife Sanctuary and Lachipora Wildlife Sanctuaries as well as Naganari Conservation Reserve seem to have been, inadvertently, left out in the aforesaid status report, which would also require proper demarcation. It is further submitted by him that in spite of the order passed by this Court on 18.08.2017, nothing apparent has been done for demarcation of the aforesaid locations mentioned in the said order.
The court in the said order had directed the Commissioner/Secretary to Government, Forest Department J&K Government, shall be the nodal authority to ensure that the demarcation is carried out by all the agencies.
The court had further directed that the demarcation be carried out using the latest GIS technology so that “we are clear as to what is supposed to be the area covered by each of the National, Parks, Wildlife Sanctuaries, Conservation Reserves and Wetland Reserves and what exists in reality and no further construction activity shall be carried out in any of these areas and there shall be a total ban, which is the requirement of law.”
It was further directed to the concerned authorities to reestablish the net work between the Jhelum, the streams, the wetlands and the lakes and to undertake immediate exercise on that behalf immediately. The Commissioner- Secretary to the Government, Public Health Engineering Irrigation and Flood Control Department shall submit its plan of action and action taken before the next date of hearing.
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