J&K High Court Seeks Report On Flood Prevention Measures Amidst Impending Monsoon, Emphasises On Preventing Recurrence Of 'Devastating' 2014 Floods

Furthermore, the court sought the most recent compliance report from the authorities in accordance with an order dated June 10, 2016, which among other things instructed all concerned Deputy Commissioners (DCs) to make sure that no building of any kind is built within their borders and should also include tabulated information about the encroachments that have been removed on the River Jhelum.

These directives were issued by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal in response to a series of Public Interest Litigations (PILs) highlighting severe environmental and administrative lapses.

The PILs, filed in 2014, 2017, and 2018, raised concerns about various aspects of flood prevention and response. Specifically focusing on removing encroachments from canals near villages in Srinagar to improve water flow the petitioners had urged measures to prevent similar floods to those of 2014 and address the issue of compensation paid to traders for flood damage.

Expressing disappointment with the administration's response to these PILs the Court noted that previous orders, including those issued in 2014, 2016, 2017, and 2018, have not been fully complied with. These orders addressed crucial issues like demarcating floodplains, preventing construction on water bodies, and restoring the capacity of rivers and canals, the court said.

It added,

“The conspectus of the aforementioned orders passed by this Court from time to time would reveal that the respondents have not truly appreciated the seriousness of the issues involved in these PILs, as is apparent from the perusal of various compliance reports submitted by them”.

Highlighting the priority of the Court to prevent the possibility of the recurrence of such a devastating flood, which had occurred in September 2014 and the laxity on the part of authorities to tackle such a happening in future the court reiterated,

“That this Court is sufficiently empowered to take such action which would constrain the authorities to follow the dictates of law. The Court, however has adopted an approach to enable the authorities to rectify their mistakes so that precipitative action is avoided”.

Addressing the major issue of the lack of proper demarcation of wildlife sanctuaries, conservation reserves, and wetland reserves which play a vital role in floodwater management, the Court has directed the administration to expedite demarcation using GIS technology.

“..the respondent-UT of J&K is directed to file an affidavit by or before the next date of hearing regarding the steps taken for demarcation, as directed by this Court on 18.08.2017 alongwith the additional locations mentioned above”, the court ordered.

On the critical concern of the status of funds allocated for flood management the Court noted that while the Government of India released Rs. 413.23 crore for flood-related projects in Jammu and Kashmir, utilization certificates for these funds haven't been submitted.

The court expressed concerns over potential financial irregularities pointed out by the Comptroller and Auditor General (CAG) and directed the submission of utilization certificates for the funds released by the Government of India for flood management projects.

Emphasising the urgency of the matter the court set a three-week deadline for the submission of all required reports. It warned that failure to comply would lead to coercive measures against the respondents.

The next hearing is scheduled for August 20, 2024.

Case Title: Environmental Policy Group Vs Union Of India

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