HC orders action against 23 encroachers on historic Shah Kul
Srinagar, Aug 30: The High Court of J&K and Ladakh has issued notice to 23 persons who have allegedly encroached upon ‘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.
Hearing a Public Interest Litigation (PIL), seeking to remove “illegal encroachments of the canal, a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal also directed the authorities to furnish, within two days, complete details of other encroachers figuring in the supplementary compliance report furnished by them.
Allowing an application seeking to implead 23 persons as party respondents for having allegedly encroached upon the canal, the court issued notices to them for their response.
The court said that the notices be served through the Deputy Commissioner (DC) Srinagar.
While government advocate Jehangir Ahmad Dar undertook to facilitate the process to ensure that all of them were served before the adjourned date – September 3 – the court said, “In the meanwhile, the respondent authorities shall also furnish the complete details of even other encroachers appended to the supplementary compliance report furnished by the respondents within two days.”
The PIL filed in 2023 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 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 into 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 Kul, “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 their letter and spirit, so as to restore the original status of the ‘Shah Kul’, it urges removing all encroachments made in and around the ‘Kul’.
It also seeks to remove the blockage of two public roads for having general public interest and historical importance.