SRINAGAR, DEC 29: The authorities have been directed High Court of J&K and Ladakh to file their response by February 21 to a Public Interest Litigation, seeking the removal of all illegal encroachments and restoration of the original status of ‘Shah Kaul’, a historical canal having Mughal Importance and being a National Monument.
A division bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary issued notice to the J&K government, Lake Conservation and Management Authority and 15 other authorities besides private persons from Deewan Colony Ishber Nishat for their response to the PIL filed by one Mir Mohammad Shafi.
“It has been submitted by Mr Khuroo, counsel for the petitioner that the respondent Nos.18 and 19 (private persons) are engaged in illegal construction by raising the concrete walls, the court said, adding, “We make it clear that, if any, illegal construction is made without following the due process of law, the same will be at their risk and will be dealt with in accordance with the law.”
The court has sought the response by or before February 21.
Mir, the petitioner, has sought the court’s direction for the removal of all illegal encroachments and restoration of the original status of the historical canal.
He has also sought directions for the restoration of adjoining roads encroached upon by the two private persons. Apart from this, he seeks directions for constituting a high-level committee comprising officers of ACB and other investigation wings to investigate the “gross mismanagement of the official respondents (authorities)”.
He has also sought direction to refer the investigation to the CBI to inquire about the conduct of the officials in the matter. “The official respondents (authorities), are legally bound at first instance to carry out and act on their own reports and orders in its letter and spirit, so to restore the original status of the ‘Shah Kaul’,” he said, adding, “Remove all encroachments made in and around the ‘Shah Kaul’ and also remove the blockage of two public roads for having general public interest and historical importance.”
