Section 43 in Jammu and Kashmir Water Resources (Regulation And Management) Rules, 2011
43. Restrictions on construction on the slopes of embankments
(1)Save as otherwise provided in sub-rule (2), the construction of any building, railing, platform or any other structure on the slopes or top of a public or private embankment is prohibited.(2)Any person desiring to construct any building, railing, platform or any structure on the slopes or top of a public or private embankment shall seek prior permission from the Executive Engineer concerned by submitting an application to him accompanied by a fee of Rs. 1000 /- and providing the information about the site/location of the embankment, the name of the water course and the type and size of the structure proposed to be raised.(3)The Executive Engineer shall seek a report from the concerned Assistant Executive Engineer and after considering such report or any other information that he may seek in this behalf, grant permission for raising the construction applied for on the following terms and conditions :(a)that only steel and concrete shall be used for the said construction;(b)that the applicant shall not use the building, railing, or platform beyond the period specified in the said permission;(c)that the building/railing /platform shall be maintained by the applicant in a fit state;(d)that the applicant shall pay the yearly fee specified in the permission;(e)that cost of removing or demolishing the building, railing or platform shall be borne by the applicant;(f)that the Government shall not be responsible for any damage caused to the building, railing or platform in any manner whatsoever;(g)that such building, railing or platform shall be open to inspection at any time by the Executive Engineer or any officer authorized by him for the safety of the embankment or slopes; and(h)that the applicant shall always comply with the instructions of the Executive Engineer and carry out such works/ repairs as required by him after causing periodic inspections.(4)In case the Executive Engineer feels that any such construction is likely to cause any damage to any embankment or the applicant fails to comply with the instructions given by Executive Engineer or fails to carry out the works/repairs as required of him, the Executive Engineer shall cause the building, railing or platform, s the case may be, demolished at the expense of the owner or occupier of such building, railing or platform.
