High Court cracks whip on erring engineers

Ishfaq Tantry

Tribune News Service

Srinagar, November 27

In an effort to make officials accountable for past actions, the Jammu and Kashmir High Court has issued public notices to all Chief Engineers of the Irrigation and Flood Control Department who were posted since 1996 in areas through which the Jhelum flows.

In the public notices, the officials have been asked to show cause why they should not deposit Rs 5 crore each for “absolute dereliction of duty” in protecting the Jhelum, which the High Court described as the lifeline of Kashmir, from illegal encroachments.

Their juniors like Superintending Engineers and Executive Engineers have been asked to show cause why they should not deposit Rs 3 crore and Rs 2 crore each, respectively.

The directions were issued today by a division Bench of Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magrey in a public interest litigation seeking removal of encroachments from water bodies of Kashmir.

The Bench directed all Deputy Commissioners of the Kashmir valley to remove encroachments along the entire course of the river from south to north and other water bodies.

“Though it has been stated in the earlier orders, we deem it necessary to restate that water sustains life and it is the duty of all to preserve and protect the water bodies, including the Jhelum, which (is) the lifeline of people of the Kashmir valley,” the Bench said, making it clear that “anybody who resists the removal of encroachments” along Jhelum would be dealt with strictly under the law.

“Wherever a request is made, the SSP concerned shall provide the necessary police assistance to the authorities for removing all encroachments,” it said while asking all Deputy Commissioners concerned of Kashmir to file status reports by the next date of hearing, in which they had information about the width of the river in the areas under their respective jurisdictions and the number of encroachments, including illegal constructions and plantations.

“Each Chief Engineer whose particulars are given in the notice should show cause why he should not be directed to deposit Rs 5 crore each with the Treasury,” the Bench further said in its order. Last month, it had asked the government to provide full particulars of those Chief Engineers and Junior Engineers of the Irrigation and Flood Control Department who were posted since 1996 in areas through which the Jhelum flows.

In the public notices, Superintending Engineers, Executive Engineers, Assistant Engineers and Junior Engineers whose particulars had been given were asked to show cause whey they should not deposit Rs 3 crore, Rs 2 crore, Rs 1 crore and Rs 10 lakh each, respectively.

Earlier, the High Court had deferred the consideration of replies of those 53 engineers of the Irrigation and Flood Control Department to whom show cause notices were issued by the court for dereliction of duty in protecting water bodies from encroachments in the Valley.