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Jammu & Kashmir High Court - Srinagar Bench

Molvi Peer Noor Ul Haq vs Chief Engineer And Ors on 18 August, 2017

Author: Ali Mohammad Magrey

Bench: Ali Mohammad Magrey

Serial No. 01
Regular List
                          HIGH COURT OF JAMMU AND KASHMIR

                                          AT SRINAGAR


         PIL No. 02/2014
         PIL No. 08/2017
                                                               Date of order: 18.08.2017

         Molvi Peer Noor-Ul-Haq             v.            Chief Engineer and ors

         Coram:
                Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
                Hon'ble Mr Justice Ali Mohammad Magrey, Judge.

         Appearance:
         For the Petitioner(s)      :Mr Nadeem Qadiri, Advocate.
         For the Respondent(s)      : Ms Moksha Kazmi, AAG.

: Mr Tahir Majid Shamsi, ASGI.

: Mr S. A. Naik, Advocate.

i) Whether approved for reporting in Yes/No Law journals etc.:

ii) Whether approved for publication in press: Yes/No

1. The status report on behalf of the Commissioner/Secretary to Government and the Director, Disaster Management, Relief, Rehabilitation & Reconstruction Department, which has been filed pursuant to our directions dated 26.07.2017, has been gone through in detail.

2. We are informed that the State Disaster Management Authority had a meeting on 16.08.2017, the minutes of which are not yet available. The minutes shall be placed on record before the next date of hearing. PIL No 02/2014 Page 1 of 6

3. We notice that the J&K State Disaster Management Policy, which has been notified through SRO 218 dated 22.05.2017, was actually prepared in the year 2012. Some of the figures in the policy have been up-dated but the entire policy needs to be up-dated because it does not reflect the experience of 2014 floods.

Therefore, we direct that the J&K State Disaster Management Policy be up-dated to include all the events and further developments as on date.

2. Insofar as the affidavit of the Chief Engineer, Irrigation and Flood Control Department, Srinagar, is concerned, it has been indicated that wide publicity has been given to the flood alerts and flood declaration levels with respect to Gauge readings at various spots of the River Jhelum. Newspaper cuttings of the information provided have been annexed with the said status report. We are satisfied that this direction has been complied with.

3. We had directed that the authority under the Jammu and Kashmir Water Resources ( Regulation and Management) Act, 2010 should be in place. On the previous occasion the learned Advocate General had informed us that recommendations have been made and the same would be placed before the Cabinet for its approval. We are now informed through the status report submitted on behalf of the Commissioner- Secretary to the Government, Public Health Engineering- Irrigation and Flood Control Department, that the meeting of the Cabinet took place on 09.08.2017 when, by virtue of Cabinet Decision No. 143/10/2017, it has been indicated that the Cabinet desired that the proposal be brought before it in the next meeting. We are informed that the next meeting will take place shortly on which occasion the said proposal would be presented before the Cabinet for approval.

4. We have also gone through the status report filed by the Principal Chief Conservator of Forests, J&K, Srinagar/ Jammu, which was essentially in response to the map at page 152 of PIL No. 08/2017. The response gives the details of the map and as to how the network of the streams, lakes and wet lands are inter connected with the River Jhelum. It is obvious from an examination of the detailed report that one of the major causes for the flooding of the river Jhelum was the disruption in the network of streams which are inter connected with not only the river but also the lakes and the wetlands. Another major cause of concern is the large scale deforestation, which has led to loose soil, which, either through rains or through melting snow, finds its way into the catchment areas and ultimately into the Jhelum. The result being that the loose soil ends up as silt in the river as well as in the lakes which are connected with the Jhelum, raising the floor/bed level of these water bodies and thereby reducing the carrying capacity of the entire water system. It is, therefore, imperative that not only the deforestation should be halted but also uncontrolled grazing of grass-lands at higher altitudes needs to be regulated. A forestation should also be taken up in right earnest so that the erstwhile forests are restored to their original positions.

5. Another important point which needs immediate attention is demarcation of Wildlife forests, Wildlife Sanctuaries, National parks, Conservation reserves and wet land reserves. The concerned authorities shall immediately carry out demarcation of the National Parks, Wildlife Sanctuaries, Conservation reserves and the wetland reserves, which are mentioned in page 5 of the status report of the Principal Chief Conservator of Forests, J&K, Srinagar/ Jammu,. For the sake of convenience, we are reproducing the table at page 5 as under:-

National Parks 1 Dachigam Srinagar/ National Park Central/ 141.00 Pulwama Anantnag

2. City Forest National Srinagar do Central 9.07 Park 02 PIL No 02/2014 Page 3 of 6 Wildlife Sanctuaries 1 Gulmarg Wildlife Baramulla Wildlife North 180.00 Sanctuary Sanctuary

2. Overa- Aru Wildlife Anantnag do Anantnag 425.00 Sanctuary 3 Hirpora Wildlife Shopian do Shopian 341.25 Sanctuary 4 Rajparian (Daksum) Anantnag do Anantnag 20.00 Wildlife Sanctuary

5. Thajwas (Baltal) Ganderbal do Central 203.00 Wildlife Sanctuary 05 Conservation Reserves 1 Khiram Anantnag Conservation Central 15.75 Reserve

2. Panyar Pulwama do Central 10.00 3 Khangund Pulwama do Central 15.00 4 Shikargah Pulwama do Central 15.50

5. Khrew Pulwama do Central 50.25

6. Khonmoh Pulwama do Central 67.00

7. Brain Nishat Srinagar do Central 15.75

8. Khimber/Dara/Sharazbal Srinagar do Central 34.00

9. Wangat/ Chatergul Ganderbal do Central 12.00 10 Achhabal Anantnag do Anantnag 20.00 10 Wetland Reserves 1 Hokera ( Ramsar Site) Srinagar Wetland Wetlands 13.75 Reserve Kashmir PIL No 02/2014 Page 4 of 6

2. Mirgund Baramulla do Wetlands 4.00 Kashmir 3 Shallabugh Ganderbal do Wetlands 16.00 Kashmir 4 Hygam |Baramulla do Wetlands 7.25 Kashmir

5. Malgam Bandipora do Wetlands 4.50 Kashmir

6. Pampur (Chatlam)/ Pulwama do Wetlands 0.25/ Manibugh/Kranchoo/Chandhara Kashmir 0.25 06

6. The Commissioner-Secretary to Government, Forest Department, J&K Government, shall be the nodal authority to ensure that the demarcation is carried out by all the agencies. We also direct that the demarcation be carried out using the latest GIS technology so that we are clear as to what is supposed to be the area covered by each of the National Parks, Wildlife Sanctuaries, Conservation Reserves and Wetland Reserves and what exists in reality. We have already said so before and we are reiterating that no further construction activity shall be carried out in any of these areas and there shall be a total ban, which is the requirement of law.

7. We also direct the concerned authorities to re-establish the net work between the Jhelum, the streams, the wetlands and the lakes and to undertake immediate exercise in that behalf immediately. The Commissioner- Secretary to the Government, Public Health Engineering- Irrigation and Flood Control Department shall submit its plan of action and action taken before the next date of hearing.

8. Re-notify on 11.09.2017.

9. The status report filed by the Northern Railways will be examined on the next date of hearing.

10. Copies of this order be given Dasti to the learned counsel for the parties.

                    (Ali Mohammad Magrey)           (Badar Durrez Ahmed)
                                   Judge                    Chief Justice


Srinagar
18.08.2017
Anil Raina, Secy




PIL No 02/2014                                                             Page 6 of 6