Kashmir Impulse Desk
Srinagar, Sep 16
The Jammu and Kashmir and Ladakh High Court has directed the Divisional Commissioner of Kashmir to coordinate efforts to remove encroachments from the historic Shah Kul canal and oversee its restoration.
A division bench comprising Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal directed the commissioner to supervise the Jammu and Kashmir Lakes Conservation and Management Authority and other departments involved in the process.
The court sought a report by October 13.
The directions came during a hearing of a public interest litigation seeking restoration of the centuries-old canal, also known as Gupt Ganga, and removal of encroachments along its original alignment.
The court expressed dissatisfaction with the pace of progress despite earlier directions and compliance reports.
The petitioner’s lawyer, Shafaqat Nazir, told the court that although encroachments had been identified, authorities had not acted effectively to complete the removal process.
The court noted that demarcation had been carried out and removal efforts initiated but said the work had not progressed at the required pace.
It directed the divisional commissioner to examine claims of property rights raised by people affected by the encroachment-removal drive through an appropriate revenue authority.
Such claims are to be considered and decided within seven days of the court’s September 15 order, the court said.
After that process, the authorities were directed to undertake a “stringent exercise” to remove encroachments and restore Shah Kul to its original form.
The canal has historical significance and traditionally supplied water to Srinagar’s Nishat Gardens, dating to the Mughal period.
The petition, filed in 2023 by Mir Muhammad Shafi, alleges illegal encroachments and seeks restoration of the canal and adjoining roads.
A 2004 communication submitted in the case said encroachment had affected the canal’s ability to supply water to Nishat Gardens, resulting in reliance on mechanical pumps.
The petition also seeks an investigation into alleged official mismanagement.
