Jammu & Kashmir High Court – Srinagar Bench
Inhabitants Of Village Nadihal vs Union Territory Of Jammu & Kashmir on 24 April, 2026
Serial No. 144
Supplementary-1 Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 2126/2026
WP (C) No. 825/2026
CM No. 2125/2026
Caveat No. 682/2026
Inhabitants of Village Nadihal,
Tehsil Baramulla, District Baramulla
Through: Sh. Ashiq Hussain Mir, Age: 45 Years
S/O Abdul Rahim Mir
R/O Nadihal, Baramulla, Kashmir.
... Petitioner(s)
Through: -
Mr Syed Mohtasim, Advocate.
V/s
1. Union Territory of Jammu & Kashmir
Through Commissioner/ Secretary,
Rural Development Department,
Civil Secretariat, Srinagar/ Jammu.
2. Director, Rural Development Department,
Kashmir, Srinagar.
3. Executive Engineer,
Rural Engineering Wing (REW),
Baramulla.
4. Assistant Executive Engineer,
REW, Nadihal, Baramulla.
5. Executive Engineer,
Irrigation & Flood Control
Division, Baramulla, District Baramulla.
... Respondent(s)
Through: –
Mr N. A. Tabasum, Advocate for the Caveator.
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER)
24.04.2026
Caveat No. 682/2026:
01. With the appearance of Mr N. A. Tabasum, the learned
Counsel for the Caveator, who, though, is not a party in the Writ Petition,
the Caveat No. 682/2026 shall stand discharged, accordingly.
CM No. 2126/2026:
02. This application has been moved by the Applicant/ Petitioner,
namely, Ashiq Hussain Mir S/O Abdul Rahim Mir R/O Nadihal, Baramulla,
seeking permission of this Court to file the accompanying Writ Petition,
being WP (C) No. 825/2026, in a representative capacity on behalf of the
inhabitants of Village Nadihal. It is stated that the issue involved in the Writ
Petition relates to the proposed shifting and construction of the Block
Development Council Office of Block Nadihal from village Nadihal at an
unsafe location in close proximity to a flood channel/ Nallah, which affects
the entire population of Village Nadihal and its adjoining areas.
03. For the reasons stated in the application and those urged at the
Bar, the present application is allowed and the Applicant/ Petitioner is
permitted to file the Writ Petition-WP (C) No. 825/2026 in a representative
capacity.
04. CM No. 2126/2026 is, thus, disposed of on the above terms.
WP (C) No. 825/2026; & CM No. 2125/2026:
05. Through the medium of the instant Writ Petition, filed under
Article 226 of the Constitution of India, the Petitioner seeks quashing of
Administrative Approval Order No. 631-DRDK (P&S) of 2025 dated 21st
of August, 2025 as also Technical Sanction Order No. 9547-49 dated 11th of
February, 2026 relating to the construction of the Block Development
Council office at Village Ladoora. Simultaneously, the Petitioner also seeks
direction upon the Respondents to refrain from proceeding with the
construction of the said Block Development Council office at the proposed
site at village Ladoora and further directing them to reconsider and identify
a suitable and safe site for the said construction in accordance with law,
after due consideration of all relevant aspects, including environment,
safety and feasibility.
06. The case set up by the Petitioner is that the Block
Development Council Office of Block Nadihal has been functioning at
Village Nadihal since the creation of the Block in the year 2014 and has
been catering to the needs of the local populace.
07. It is alleged that, all of a sudden, the Respondents have now
proposed the construction of a new office building at Village Ladoora
falling under Tehsil Watergal, District Baramulla, which site is located
merely 5-6 feet away from a flood channel (Nallah), making it inherently
unsafe, flood-prone and unsuitable for construction of a public building;
that sufficient and suitable land is available at Village Nadihal itself, where
the office is presently functioning and that there exists no justifiable or
rational basis for shifting the office, particularly to a site which is inherently
unsafe and unsuitable for construction.
08. It is further stated that, despite the inherent unsuitability and
risk associated with the proposed site, the Respondents have proceeded in a
mechanical and pre-determinated manner to grant successive approvals
culminating in the award of contract, inasmuch, as the project has been
accorded Administrative Approval vide Order dated 21 st of August, 2025,
sanctioning an amount of approximately Rs. 1.23 crores under CAPEX
Budge, whereafter, Technical Sanction also appears to have been granted
vide Order No. 9547-49 dated 11th of February, 2026, purportedly certifying
the feasibility of the project; that pursuant to e-NIT No.
334/XEN/REW/Bla/2025-26 dated 14th of February, 2026, the contract
seems to have been allotted vide Order No. REW/Bla/26/255787-94 dated
27th of March, 2026 in favour of the Contractor (Caveator herein) at a cost
of Rs. 96,97,223.66/- with a stipulated completion period of 180 days; that
the aforesaid approval has have been granted without proper consideration
of site safety, particularly its proximity to the flood channel/ Nallah,
thereby vitiating the entire process.
09. It is also pleaded that, upon gaining the knowledge of the
proposed shifting and construction of the said Block Development Council
office, the villagers of Nadihal submitted number of representations before
the concerned authorities, including the Irrigation & Flood Control
Department, raising objections to the proposed construction of the said site,
however, the same have not been duly considered or acted upon by the
Respondents, constraining the Petitioner to approach this Court through the
medium of the instant Petition.
10. Mr Syed Mohtasim, the learned Counsel appearing for the
Petitioner, submits that the proposed construction site is located at an
extremely unsafe distance of approximately 5-6 feet from a flood channel/
stream (Nallah), thereby rendering the site highly vulnerable to flooding
and structural risk; that the construction activity has already been initiated
by the Respondents and, if allowed, the same will lead to irreversible
consequences; that the impugned action is contrary to public trust doctrine,
which casts a duty upon the State to protect and preserve natural resources,
such as water bodies and flood channels for the benefit of the public; and
that, by permitting construction in close proximity to a flood channel/
Nallah, the Respondents have failed to discharge their statutory duty as
trustees of such natural resources, thereby acting in derogation of settled
principles of law.
11. Mr N. A. Tabassum, the learned Counsel, representing the
Caveator; who though is not a party in the Writ Petition, submits that the
Caveator has been allotted the contract for and on behalf of the Hon’ble
Lieutenant Governor of J&K by the Executive Engineer, Rural Engineering
Wing, Baramulla for executing the contract “Construction of Block
Development Council Office Building Nadihal Bridge Crossing at
Ladoora”, under Capex Budget for the year 2025-26 Block Nadihal vide
E-NIT No. 234 Xen/REW/Bla/2025-26 Sr. No. 01 on the advertised cost of
Rs. 123.06 lacs and allotted cost of Rs. 96,97,223.66, with the period of
completion as 180 days, only after the requisite NOC for execution of the
aforesaid work was granted by the Irrigation & Flood Control Department,
Division Baramulla vide letter dated 3rd of April, 2026. He further submits
that the geo-tagging of the earmarked plot has been done by the respective
Government Departments and that the Caveator has accordingly started the
work at site and has, thus far, completed the earth work. In order to buttress
his arguments, the learned Counsel has produced copy of NOC dated 3rd of
April, 2026, as also copies of ‘Detailed Project Report’ and ‘Geotechnical
Investigation Report’ relating to the project, along with photographs of the
proposed construction having already been undertaken by the Caveator at
site. The said documents are taken on record.
12. Heard learned Counsel appearing for the parties and perused
the pleadings on record.
13. The argument of the learned Counsel for the Petitioner raised
in this Petition essentially deals with the subject that no construction can be
permitted on the bank of a water channel, which in the present case is a
Nallah located in village Ladoora, inasmuch as, the learned Counsel
submits that the proposed construction in this case has been started just 5-6
feet away from the flood channel/ Nallah. This aspect of the matter is to be
considered by the Irrigation & Flood Control Department under the
provisions of the J&K Water Resources (Regulation and Management) Act,
2010 [for short “the Act of 2010”] and the Rules framed thereunder.
14. In this behalf, it is pertinent to mention here that, although, the
learned Counsel for the Caveator has submitted that the NOC has already
been issued by the Irrigation & Flood Control, Division Baramulla with
regard to the project of construction of Block Development Council
Building at Ladoora on the land falling under Khasra No. 117 Min at estate
Ladoora, but in the said NOC itself, certain conditions have also been
prescribed, including that the adequate setback distance, i.e., not less than
six meters from the edge of the Nallah, shall be maintained as per norms for
necessary maintenance and other allied works; that no dumping of
construction material, debris or waste shall be carried out in or near the
Nallah; that necessary preventive measures shall be undertaken to prevent
erosion or damage to the banks; and that it shall be ensured that the design
and execution shall not compromise the flood carrying capacity of the
Nallah, besides the strict compliance with the guidelines and directions
issued by the National Green Tribunal.
15. Given the above fact situation, the apprehension of the
residents of Village Nadihal, as projected in this Petition, that the distance
from the Nallah has been reduced by the Executing Agency to just 5-6 feet,
instead of the requisite distance as permitted under the NOC granted by the
Irrigation & Flood Control Department, it will be in the interests of justice
that the matter is considered by the Respondent No.2-Director, Rural
Development Department, Kashmir by undertaking spot inspection and
ensure that the Executing Agency shall, while executing the project in
question, adhere to all relevant guidelines/ norms and technical
specifications, especially as laid down in terms of the Act of 2010 relating
to works near water resources.
16. Viewed thus, this Writ Petition is disposed of at this motion
stage with a direction to the Respondent No.2-Director, Rural Development
Department, Kashmir to visit the spot and ensure that the construction with
regard to the Block Development Council Building Nadihal at Ladoora is
not raised in contravention to the provisions of the Act of 2010 and the
Rules framed thereunder as also the NOC issued by the Irrigation and Flood
Control Department, Division Baramulla vide No. IFCDB/79-81 dated 3rd
of April, 2026.
17. The Respondent No.2-Director, Rural Development
Department, Kashmir is directed to visit the site of construction next week,
so as to inspect the same and till such inspection, no further construction
activity shall be carried out on spot.
18. Writ Petition is, thus, disposed of on the above terms, along
with the connected CM.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR
April 24th, 2026
“TAHIR”
Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document