The Jammu & Kashmir and Ladakh High Court has issued notices to 23 individuals accused of illegally encroaching upon Shah Kul, a centuries-old stream that historically supplied water to the famed Mughal-era Nishat Garden in Srinagar.
A division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the order while hearing a Public Interest Litigation (PIL) seeking removal of encroachments and restoration of the canal to its original status. The court directed the Srinagar Deputy Commissioner to ensure that all encroachers are served notices, with the government’s counsel undertaking to facilitate the process. Authorities have been asked to provide complete details of the encroachers listed in the supplementary compliance report within two days.
The bench also ordered that any interim directions earlier issued in the PIL would remain in force until the next hearing.
The PIL, filed in 2023, highlights the alleged large-scale encroachment of the historic water channel and adjoining roads by private individuals. It seeks directions for removal of all illegal constructions, restoration of the canal, and revival of its flow to Nishat Garden, which was originally developed during the reign of Mughal emperor Jehangir.
In addition, the plea calls for the constitution of a high-level committee including officials from the Anti-Corruption Bureau (ACB) and other investigative agencies to probe alleged mismanagement by authorities. It further seeks a Central Bureau of Investigation (CBI) inquiry into the role of government officials accused of facilitating or ignoring the encroachments.
The Shah Kul canal, once the lifeline of Nishat Garden, is considered a heritage watercourse symbolizing Srinagar’s Mughal legacy. Preservationists and activists have long raised concerns over its encroachment and neglect, warning that unchecked construction poses a grave threat to the city’s cultural and ecological heritage.
The matter is expected to come up for further hearing after notices are duly served to the accused encroachers.
