Srinagar: The High Court of J&K and Ladakh today issued notices to 23 more encroachers of the historical Shah Kul that had supplied water to the Nishat Gardens since the rule of Mughal Emperor Jehangir.
An application had been moved in the court “to implead all the 23 persons …. for they too have encroached upon the subject land as also for conclusive adjudication of the matter on issue”.
For the reasons set out in the application, it was allowed and consequently a division bench ordered “all the persons (23 in number) named in paragraph-2 of the application are arrayed as respondent Nos.22 to 44”.
It directed the Registry to update the cause title of the writ petition accordingly and notice to the newly arrayed respondents for 3rd September 2025 were issued.
The bench directed that notices be served to the encroachers through the Deputy Commissioner, Srinagar.
Jehangir Ahmad Dar, government advocate, undertook to facilitate the process and ensure that all of them are served notices before the adjourned date.
In the meanwhile, the respondent authorities were directed by the court “to furnish complete details and particulars of other encroachers, named in annexure-III appended to the supplementary compliance report furnished by the respondents within two days”.
The matter has been adjourned to 3rd September, 2025. Interim direction, if any, will continue till the adjourned day.
The court has earlier directed the authorities to inform it about “actions taken” on a 21-year-old official communication regarding demarcation and eviction of encroachers on ‘Shah Kul’, a historical canal and a national monument, which had been the main source of supplying water to Nishat Gardens since the time of Mughal Emperor Jahangir.
Advocate Shafqat Nazir, representing the petitioner in the PIL, Mir Mohammad Shafim, had 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.
The order urged 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.
The PIL seeks court’s direction on removal of encroachments and the restoration of the original status of ‘Shah Kul’.
The bench recorded “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.”
