Govt asks land owner to remove illegal construction on Doodhganga Flood basin
Srinagar : The Irrigation and Flood Control department has asked a land owner who is raising illegal construction in wetland and flood detention basin of Doodganga (Narkara Numbal) in Peerbagh area in the city outskirts to remove the encroachment within seven days or face action.
A land owner is constructing multi-story residential flats on 25 kanals of Abi Awal land and wetland in Nadir Gund area of Perrbagh in Srinagar in violation of environment, revenue and Flood management laws.
The owner has fraudulently got permission from Srinagar Municipal Corporation on 16 October 2019 when restrictions were imposed after abrogation of Article 370.
Following public flak and red flag raised by the Irrigation and Flood Control officials concerned, the Srinagar Muncipal Corporation (SMC) put the permission order in abeyance.
The abeyance order says that the Survey number 270, 271, 272, 273, 269 as mentioned in the permission are falling in the wetland for which no NOC has been sought from irrigation and flood control department- “being highly unfortunate and apathy of extreme kind.”
Despite the abeyance orders from SMC, the owner has constructed a boundary wall of cement and concrete hollow blocks on irrigation Khul at Toiba Colony-Nadirgund-Peerbagh.
The same construction has been termed illegal and encroachment by the Irrigation and Flood Control department citing Section 83 and 168 (f) of Jammu and Kashmir Water Regulation and Management Act 2010.
“You have violated Section 83(1) & 168 of J&K Water Resources (Regulation and
Management) Act-2010, by way of construction of boundary wall of cement
concrete hollow blocks on irrigation Khul at Toiba Colony-Nadirgund-Peerbagh,” says the order issued by Assistant Executive Engineer Flood Spill Channel Sub Divison, Rambagh, to the owner.
As per section 83 of JKWRRA 2010, an officer, in this case the Assistant Executive Engineer Flood Spill Channel, Rambagh division, has the power to remove obstruction or encroachment to an embankment or slope thereof or the water way of any water source.
The Section168 (f) pertians to officences and punishment to construct or encroach flood basin and embankments.
As per this section, the violator will face fine or imprisonment of one year.
The order by the concerned engineer said that the land on which construction is being done is a wetland/ flood detention basin of Doodganga i.e Narkara Numbal.
“Hence you have also violated the NGT directions passed in OA No. 325/2015, dated:10-05-2019, read with order -dated 25/02/2020 and 01/06/2020 besides violating Hon’ble High Court orders in PlL-02/2014,” it said.
“The undersigned directed your male and workers to stop the work at site on15-07-2021, however, your mate misbehaved and used unparliamentary
language against undersigned, besides tried to manhandle the staff, thus
violating section fo8h) ot J&K Water Resources Regulation & Management Act-2010.”
“Now, through the medium of this notice you are directed to remove the said
construction/encroacthment within seven days, failing which the same shall be got removed at your risk and cost and action as warranted under rules shall be initiated, which may be noted,” said the order.
Environment activits and concerned citizens have asked the Lt Governor administration to stop and demolish all constructions in and around Narkar wetland to save the Srinagar city from frequent floods. (KDC)
