Introduction:

On August 20, 2024, the Jammu and Kashmir and Ladakh High Court granted an additional week for the government to submit a comprehensive compliance report on the measures being taken to prevent floods similar to the 2014 disaster in Jammu and Kashmir (J&K). The extension was granted following a request by the Government Advocate, who acknowledged that the compliance report was being prepared in accordance with previous court orders. Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta are overseeing the matter and have required that the report be filed with an advance copy provided to the Amicus Curiae for review within the next week.

Arguments:

Government’s Argument:

The Government Advocate, representing the respondents, sought a short adjournment to finalize the composite compliance report. The Advocate explained that the report, addressing the court’s earlier directions, was still in preparation and required a brief extension to ensure it met all necessary requirements. The government’s focus has been on implementing preventive measures against flooding, particularly with the monsoon season approaching. The Advocate emphasized that the report would include detailed information on flood prevention strategies, encroachment removal, and compliance with previous court orders.

Petitioners’ Argument:

The petitioners, represented by the Environmental Policy Group, raised concerns through various Public Interest Litigations (PILs) filed in 2014, 2017, and 2018. Their primary focus has been on the effectiveness of flood prevention measures, the removal of encroachments from critical flood zones, and ensuring adequate compensation for flood-affected traders. They also highlighted the lack of proper demarcation of wildlife sanctuaries and conservation reserves, which are crucial for floodwater management. The petitioners urged the court to expedite the submission of a detailed report that includes updated measures and ensures compliance with previous directives.

Court’s Judgment:

Order for Extension: The court, acknowledging the Government Advocate’s request, granted a one-week extension to file the composite compliance report. Acting Chief Justice Rabstan and Justice Gupta emphasized the importance of timely submission and required that the report be provided to the Amicus Curiae in advance. This step is intended to ensure that all concerns raised in earlier orders and PILs are addressed comprehensively.

• Focus Areas of Compliance: The court reiterated the need for the government to provide detailed affidavits and compliance reports on flood prevention measures. This includes addressing encroachments on the River Jhelum and the removal of unauthorized structures in flood-prone areas. Additionally, the court stressed the necessity of using Geographic Information System (GIS) technology for the accurate demarcation of wildlife sanctuaries and conservation reserves. These measures are crucial for effective floodwater management and prevention.
• Future Review: The court scheduled the next hearing for September 26, 2024, to review the compliance report and assess the administration’s progress on the outlined measures. This review will determine whether the government has adequately addressed the issues raised in the PILs and previous court orders. The court’s focus remains on ensuring that all preventive and management measures are effectively implemented to mitigate the risk of future floods.