The court was hearing its suo-motto PIL, a plea by an environmental policy group and a matter referred to it by Supreme Court—all related to conservation of water bodies in Jammu and Kashmir.

Srinagar,  February 5:

The high court Monday directed the divisional commissioner Kashmir to ensure that no solid waste is dumped in river Jhelum. A division bench of Justice Ali Muhammad Magrey and Justice Sanjeev Kumar also directed the divisional commissioner to file by next date of hearing a compliance report attesting no solid waste is dumped into the river, from its source up to Baramulla.

The direction came after advocate NadeemQadri, as amicus-curiae, submitted that dumping of solid waste into river Jhelum is a serious concern and that no action is being taken by the concerned authority in this regard.

“If river Jhelum continues to be a dumping place for the solid waste, it would cause an irreparable loss to the water body. A prompt action requires to be taken to save the river from the damage,” Qadri said.

The court was hearing its suo-motto PIL, a plea by an environmental policy group and a matter referred to it by Supreme Court—all related to conservation of water bodies in Jammu and Kashmir.

Meanwhile, the court disapproved the inertia exhibited by the government to submit a concrete action plan to re-establish the pre-existing network of streams, wetlands, lakes and the river Jhelum.

“Have you filed the compliance with regard to the said action plan,” the bench asked the state’s senior additional advocate general, B A Dar. In response to the query, Dar said he has received the compliance but could not file it as the file was already in “transit”.

When asked if the compliance report contains the concrete action plan as directed by the court vide its order dated 28.12.2018, Dar answered in negative.

Dar, however, informed the court that the government has already submitted the compliance report with regard to demarcation of protected areas of national parks, wetland sanctuaries, conservation reserves and wetland reserves.

The

court also directed assistant solicitor general of India, Tahir Shamsi, to file compliance report with regard to constitution of state wetland authority under rule 5 of the wetland (conservation and management) rules 2017. The court also directed the Jammu and Kashmir government to file compliance report.

With regard to controversy over a police station having been set up on the banks of a water body in southern Kulgam district, the court asked Dar to file compliance of order dated 03.11.2018 on behalf of the deputy commissioner Kulgam.

The court said if the compliance is not filed, the deputy commissioner shall remain present before it person on the next hearing. The court also directed Dar to file response to an application filed by residents of Lathishot, Zaingeer with reference to the directions passed by the divisional commissioner, Kashmir.

The residents have approached the court through advocate ShafaqatNazir seeking direction for protecting and preserving the Budshah Pond from pollution. The pond, the residents say, is used by the general public for drinking purposes.

Advocate Shaqat invited attention of court to the directions that deputy commissioner Baramulla would look into the matter and take immediately necessary steps for stopping the illegal activity once for all so that the water body is restored to its old glory.