Srinagar: The J&K High Court has issued notice to Lakes Conservation and Management Authority (LCMA) and 15 other government departments on a petition seeking investigation into the “illegal” constructions on Shah Koul canal by certain private individuals.
The notice was directed by the division bench of Chief Justice N Kotiswar Singh and Justice M A Chowdhary on a petition by one Mir Mohammad Shafi. The petitioner had sought that the matter be referred to the CBI to inquire about the conduct of the officials in the matter.
The notice issued to LCMA (formerly LAWDA), Irrigation and Flood Control and other departments was accepted by Syed Musaib, deputy additional advocate general of the Union Territory of Jammu and Kashmir.
The division bench also directed that notices shall go to private respondents who had “illegally” raised the structures, returnable by or before the next date of hearing of the matter.
Counsel for the petitioner said that two private respondents are engaged in illegal construction by raising the concrete walls on Shah Koul.
“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 law,” said the bench.
The writ prayed “the official respondents be restrained from carrying out any kind of construction on spot till the Shah Kaul’s status is restored and road blockades are opened and restored to the locals and public in general”.
Further, the permission granted in favour of the private respondents be put at halt till final determination of the petition, reads the petition.
It sought that direction be passed to Irrigation department “to find how the respondent locked the tin walling of roads and canal a few days ago with support of mafia goons to stop access to two roads and public canal as was opened by Irrigation department teams with support of LCMA.”
It also called for constituting a high-level committee comprising an officer of Anti-Corruption Bureau and other investigation wings to probe the matter.
Court may be pleased to refer the investigation to the CBI to inquire about the conduct of the officials in the matter, said the writ petition.
