HC directs DC Ganderbal to file affidavit
D A RASHID
Srinagar, Feb 4: The High Court has directed the Deputy Commissioner Ganderbal to file an affidavit indicating whether any illegal construction along river Sindh in Kangan area of Ganderbal was in progress.
A division bench comprising justices Muhammad Yaqoob Mir and Muzaffar Hussain Attar while passing orders on a Public Interest Litigation seeking directions on curbing illegal constructions along the river Sindh, held that in case any illegal construction was in progress or it was brought to the notice of Deputy Commissioner, the same should be stopped and sealed.
The High Court had earlier appointed its Registrar Judicial as Commissioner and directed him to file report after examining the alleged illegal constructions along river Sindh.
The report should also indicate the action taken against the constructions being made without permission or in violation of law and other details of such constructions, the Court had held. “If any excavation, big or small is being carried out, it may be regulated in accordance with law,” the court had held.
On June 10, 2011, the court directed the Deputy Commissioner Ganderbal and Chief Execrative Officer Sonamarg Development Authority to ensure that no illegal constructions were allowed in the prohibited area along river Sindh.
The petitioner alleged in the PIL that structures were founded on the river bed at three places— Mamar, Murgund and Kangan—in violation of various statutes. He stated that water is getting polluted.
He further alleged that if immediate steps for retrieving river from encroachments and removing illegal constructions were not taken, the river would face an irreparable loss.
The petitioner was represented by G A Lone and Deputy Advocate General N H Shah defended the state in the case.
Lastupdate on : Mon, 4 Feb 2013 21:30:00 Makkah time
Lastupdate on : Mon, 4 Feb 2013 18:30:00 GMT
Lastupdate on : Tue, 5 Feb 2013 00:00:00 IST
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