HC directs Govt to file response in 2 weeks on Tawi river diversion

𝐃𝐢𝐬𝐜𝐡𝐚𝐫𝐠𝐞 𝐨𝐟 𝐓𝐚𝐰𝐢 𝐫𝐢𝐯𝐞𝐫 𝐰𝐚𝐭𝐞𝐫 𝐭𝐨 𝐍𝐢𝐤𝐢 𝐓𝐚𝐰𝐢 𝐜𝐫𝐞𝐚𝐭𝐞𝐬 𝐡𝐚𝐯𝐨𝐜 𝐝𝐮𝐫𝐢𝐧𝐠 𝐦𝐨𝐧𝐬𝐨𝐨𝐧

STATE TIMES NEWS

JAMMU: In the much publicised Public Interest Litigation (PIL No.31/ 2018) filed by Inhabitants of Villages Barjala and Khandwal through Gurdev Singh resident of Khandwal and Ghulam Nabi Sheikh resident of Barjala highlighting the devastation caused by flash floods during monsoon every year in and around 45 Villages in Niki Tawi area due to more than 95% of the discharge of river Tawi in the Niki Tawi from Fourth Bridge of River Tawi, a Division Bench of the High court J&K and Ladakh (through Virtual Mode) comprising its Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary directed Sr. AAG S.S. Nanda appearing for the Irrigation and Flood Control Department of J&K Government to file a response within 02 weeks to the fresh Miscellaneous Application (C.M. No.5009/2023 filed by the petitioners seeking appropriate directions to the Irrigation and Flood Control Department of J&K Government to divert the discharge of river Tawi from Fourth Bridge (Bhagwati Nagar) to Badi Tawi as more than 95% of the discharge of river Tawi has been diverted to Niki Tawi which is creating havoc every year during monsoon thereby destroying/wasting the proprietary land of inhabitants of more than 45 Villages in the said area and absolutely there is no discharge of river Tawi in Badi Tawi where the land mafia in connivance with Irrigation and Flood Control Department have encroached the river bed and with a result the entire damage is done in Niki Tawi area.
When this matter came up for hearing, Advocate S.S. Ahmed and Advocate Rahul Raina appearing for the petitioners submitted that this year also the monsoon has created havoc in the Nikki Tawi area and just across the Niki Tawi Bridge in the river bed at Village Sure Chak, a construction company namely Shivalaya Construction Company has installed a multipurpose plant for preparing hot mix/batching plaint/stone crusher and has covered a sizeable area and while installing the huge plant, the said company raised the bed level of the river where the plant is installed and with the result the flow of the water has diverted towards Village Barjala and Khandwal where many buildings including Radha Soami Satsang Ghar, BBAS Institute at Barjala and Gurudwara Sahib at Khandwal and many residential houses have been exposed to the flash floods and the land in these Villages is getting into the river thereby causing irreparable loss.
Advocate S.S. Ahmed further submitted that alongwith this application the petitioners have enclosed a pen drive (video) showing the devastation caused this year at different points starting from fourth bridge showing both Niki as well as Badi Tawi and also the area (Green Area) which is in fact Badi Tawi but there is no discharge of water at present. The petitioners have also placed on record the photographs showing havoc created due to 95% discharge of River Tawi in Niki Tawi and also the damage caused in Village Beli Charana and several other Villages falling in Niki Tawi area.
Advocate S.S. Ahmed vehemently argued that PIL is pending since June, 2016 and till date the damage control exercise has not been done by the Irrigation and Flood Control Department. He further submitted that except the business of laying crates there is no headway in the matter and the crates get washed away every year due to the non-serious and insensitive approach of the Irrigation and Flood Control Department of J&K.
Advocate Ahmed further submitted that despite the completion of the studies on the morphology of river Tawi/Flood Mitigation Programme, the Irrigation and Flood Control Department is sleeping over the matter and indulgence of this Court is warranted.
After considering the submissions of Advocate S.S. Ahmed appearing for the petitioners whereas Sr. AAG S.S. Nanda appearing for the Irrigation and Flood Control Department of J&K Govt. and Advocate Mayank Gupta appearing for the Jammu Smart City Project Limited, the Division Bench headed by Chief Justice N. Kotiswar Singh issued notice in the fresh Miscellaneous Application to the Irrigation and Flood Control Department which was accepted in the open court by Sr. AAG S.S. Nanda who prayed and was granted 2 weeks time to file a response to the fresh Miscellaneous Application. The Division Bench also allowed time to Advocate Mayank Gupta to file an updated status report on behalf of Jammu Smart City Project Limited in terms of the previous order issued on July, 17, 2023. Looking into the importance of the matter the Division Bench directed the Registry to re-notify the instant PIL on September 25, 2023.