STATE TIMES NEWS
JAMMU: In a petition regarding construction of Shere-e-Kashmir Bridge at Poonch, Justice Janak Raj Kotwal after hearing Advocate Abhinav Sharma appearing for the petitioner whereas Advocate General R.A Jan with Sr. AAG Seema Shekhar appearing for the state observed that the petitioners, however, have produced documents in support of their ownership/possession of or interest in the properties in question.
Record produced by the petitioners notwithstanding, physical position existing on spot is vividly clear from the revenue map ‘aks titima shajra’ produced by the respondents along with their reply to the petition.
In this map, besides indicating the existing bridge in red, proposed extension is shown in blue. Lands comprised in various Khasra numbers including khasra Nos. 146/1, 162 and 159 have been shown located downstream the proposed extension towards the west. This being the position, what was expected of the respondents, was to state positively whether or not these lands would be affected by the expected peak discharge of water from the river basin under the extended spans of the bridge and to come forth with a positive suggestion as to what can be done.
High Court further observed that apprehension of the petitioners that their lands/properties would be adversely affected prima facie is inherent and inseparable from the very purpose of extending the span of the bridge.
It is the respondents’ case that the river basin under the existing span of the bridge was designed in a way of allow discharge of 6000 cusecs of water whereas the hydraulic data maintained during recent floods shows increase in flood discharge up to 7450 cusecs. This means purpose behind extending the span of the bridge is to make room for expected high discharge of flood water in future at its peak. This in turn means that huge volume of flood water will be flowing under the extended span of the bridge and likelihood of water entering the lands/properties located downstream cannot be denied. This aspect of the matter calls for serious attention and concern, which though was expected from the Government.
With these observations Justice Janak Raj Kotwal admitted the petition and However, having regard to the public interest and urgency involved in the matter, interim direction issued by this Court on 21st October, 2014 is modified by providing that respondents may go ahead with the extension of the bridge, subject, however, to the conditions that the State Government shall, before taking up the physical work on extension of the bridge, constitute a committee comprising of the Deputy Commissioner, Poonch, Chief Engineer, Irrigation and Flood Control, Jammu and such other members as the Government may deem proper, who shall after notice to the petitioners identify the lands/properties of the petitioners likely to be affected by the flood water passing under the extended span of the bridge at its peak discharge and submit report to this Court within eight weeks and the State Government, through the Chief Secretary of the State, shall on receipt of the committee’s report come forward with suggestions as to what may be done to address the grievance of the petitioners, if it is found that affected area would include their lands/houses also. JNF