J&K High Court: 23 Accused of Encroaching Historic Shah Kul Stream

The Jammu & Kashmir and Ladakh High Court took decisive action against the illegal encroachment of Shah Kul, a historic stream that has served as the primary water source for Srinagar’s iconic Mughal-era Nishat Garden since the time of Emperor Jehangir. During a hearing of a Public Interest Litigation (PIL) filed in 2023, a division bench led by Chief Justice Arun Palli and Justice Rajnesh Oswal issued notices to 23 individuals accused of unlawfully occupying the canal.

The court directed authorities to submit comprehensive details of all encroachers listed in a supplementary compliance report within two days, with notices to be served through the Srinagar deputy commissioner to ensure swift compliance before the next hearing.

The PIL demands the removal of all illegal constructions along Shah Kul and the restoration of the canal’s original state, emphasizing its historical and ecological significance as a lifeline for Nishat Garden, one of Kashmir’s most cherished heritage sites. Additionally, the litigation seeks the reinstatement of adjacent roads encroached upon by private entities, which have disrupted public access and the canal’s functionality.

The court has maintained interim orders from previous hearings, signaling its commitment to addressing the issue promptly while ensuring due process for those accused. Beyond restoration, the PIL calls for a high-level investigation into alleged mismanagement by officials, proposing a committee that includes an officer from the Anti-Corruption Bureau (ACB) and other investigative wings.

It also urges a Central Bureau of Investigation (CBI) probe to scrutinize the conduct of authorities responsible for overseeing Shah Kul, highlighting concerns over systemic negligence.  This landmark case underscores the judiciary’s role in preserving Kashmir’s cultural and environmental heritage, with the court’s actions poised to set a precedent for protecting public resources from private encroachment.

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