HC desires to know actions taken on 2003 communication on Mughal-Era canal

Srinagar, May 4: The High Court of J&K and Ladakh has desired to know actions taken by the authorities on a communication by Director of Land Records and Settlement Officer, Kashmir in 2003 regarding demarcation and eviction of encroachers on ‘Shah Kul’, a historical canal and a national monument in Srinagar.
Hearing a Public Interest Litigation, a division bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi passed the directions after advocate Shafqat Nazir, representing PIL petitioner brought attention of the Court to the communication from the Director of Land Records/Settlement Officer, Kashmir, under No. 2701-03/DIR-50/2003 dated 10.03.2003 which ordered a demarcation to be conducted on 11.03.2003 by a team of experienced officials, and carrying out eviction of encroachers, if any, by the staff from Srinagar Municipality and Srinagar Development Authority within a week’s time.

“This Court desires to know the actions taken or processes undertaken pursuant to the said direction, for which the relevant records shall be produced by the next date of hearing,” the Division bench said and ordering the listing of the PIL on May 8.
Besides the government, the court had also issued notice to two private persons from Deewan Colony Ishber Nishat (respondent 18 1nd 19), who according to the petitioner, Mir Muhammad Shafi, were engaged in illegal construction by raising the concrete walls.
“On 01.04.2024, there was no appearance on behalf of respondent No. 19. Consequently, this Court ordered on 01.04.2024 that if no one appears on behalf of the respondent No. 19, he shall be proceeded ex parte. Today, as no one appears for respondent No. 19, he is set ex parte,” the court said, adding, “We again make it clear in line with observations made by this Court on 27.12.2023, that any illegal construction undertaken without following the due process of law will be at the risk of involved parties and will be dealt with in accordance with law, including demolition of the same.”
The PIL seeks the court’s intervention for the removal of all illegal encroachments and restoration of the original status of the historical canal.
It also seeks directions for the restoration of adjoining roads encroached upon by the two private persons.