PIL seeking demolition of water bodies encroachments
STATE TIMES NEWS
JAMMU: In a Public Interest Litigation (PIL) filed by Rattan Singh and others seeking demolition of encroachments on the water bodies /wetland reserves and other reserves within the State and restore them in their original form, Division Bench of Jammu and Kashmir High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Dhiraj Singh Thakur after hearing Senior Advocate MK Sharma with Advocate Karan Sharma directed State to take effective steps to remove encroachments by following the procedure and for filing the progress report.
Division Bench observed that this PIL is filed praying to implement the government order No.FST/20 of 1981 dated February 4, 1981 in its letter and spirit and to provide actual number of area of all water bodies/ wetland reserves/water channels and other reserves existing in the State of Jammu & Kashmir and how many water bodies/wetland reserves/water channels and other reserves had been encroached upon till date and for furnishing the steps taken to remove the encroachment, to demolish and remove the encroachments on the water bodies/wetland reserves/ water channels and other reserves, to constitute a committee/mechanism to conduct monitoring of actions/steps for protection, management, restoration and conservation of the water bodies/wetland reserves/ water channels and other reserves, to prevent respondent No.7 from pumping out the water from the Mansar lake, to take steps for equitable consideration and distribution/allocation of funds for protection, preservation, consideration and restoration of all reserves especially wetland reserves, to take early steps for installing flood forecasting system in the State and to have separate disaster management plan to keep the state machinery in readiness and to take effective steps to control the water pollution.
When the matter was listed on earlier occasion, the Divisional Commissioner, Jammu was granted time to file response. Accordingly, he filed response on April 2, 2016 stating that as per Government Order dated February 4, 1981, Government has accorded sanction for creation of 03 National Parks, 05 Wildlife Sanctuaries, 08 Game Reserves, 11 Wetland Reserves and 02 Biosphere Reserves. The details have also been furnished.
Division Bench further observed that 11 Wetlands were sanctioned besides 07 wetlands which are already under the control and management of the Wildlife Department. Such wetlands have not been formally handed over to the Wildlife Protection Department since 1981.
However, the said department is managing the area with regard to ward and watch/ anti poaching activities by deploying its officials.
It is further stated in the status report that in the existing wetlands encroachments have been identified by the wildlife department or revenue authorities and some cases are booked as and when fresh encroachments are attempted on such areas.
The extent of encroachment mentioned in the report in wetland reserve, Shallabugh is 96 kanals and 12 marlas out of total area of 1996 kanals (100 sq. km) are under encroachment and no steps have been taken to remove the encroachment. Similarly 417 kanals out of 13.26 sq. km (27500 kanals) in Hokersar, 2530 kanals and 02 marlas out of 14210 kanals in Hygam, 157 kanals 01 marlas out of 8000 kanals in Mirgund, 79 kanal and 04 marls out of 43 hectares in Chattlum and 96 kanals and 17 marlas out of 17 hectares in Freshkori, are under encroachment.
Division Bench further observed that the grievance of the petitioner after seeing the status report is that inspite of identifying the extent of encroachments, and booking of some cases against the encroachers, no further progress is made to remove the encroachments.
Division Bench further observed that in such circumstances, this Court is of the view that interim direction is required to be issued and directed State to take effective steps to remove encroachments by following the procedure and for filing the progress report.
