A Historic Canal Under Siege
By: Javid Amin | 31 Aug 2025
The Shah Kul stream, carved during the Mughal era under Emperor Jehangir, is more than just an irrigation channel. It once carried fresh Himalayan waters from the Dachigam range into Srinagar’s iconic Nishat Garden, sustaining its fountains, flowing terraces, and lush chinars for centuries.
But over the decades, this lifeline has been choked by illegal encroachments, dumping of waste, and unchecked urban expansion. What once symbolized Mughal engineering and natural harmony has today been reduced to a polluted, obstructed drain in several stretches.
Court Intervention: PIL Breathes New Life
In 2023, concerned citizens filed a Public Interest Litigation (PIL) before the J&K and Ladakh High Court, urging judicial intervention to save Shah Kul from complete disappearance. The PIL demanded:
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Removal of all illegal encroachments along the stream.
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Restoration of the canal to its original status.
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Repair and widening of adjoining roads blocked by private land grabbers.
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Constitution of a high-level committee involving the Anti-Corruption Bureau (ACB).
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A possible CBI probe into alleged complicity of government officials.
Court Proceedings: Latest Developments
On hearing the matter, a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal took serious note of the issue.
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23 Alleged Encroachers Identified: Notices issued to them, directing the Deputy Commissioner Srinagar to ensure service.
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Compliance Report: Authorities asked to provide full details of all encroachers listed in their supplementary compliance report within two days.
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Government’s Role: Counsel for the government undertook to facilitate notice-serving to avoid further delays.
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Interim Orders: Any interim relief previously granted in the PIL shall remain in force until the next hearing.
This move signals the court’s intent to hold both individuals and officials accountable.
Encroachment Crisis: How Bad Is It?
Encroachment on Shah Kul is not a small, isolated act. It represents a systemic failure:
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Residential and Commercial Structures: Many influential individuals allegedly built homes, shops, or walls right on the canal’s course.
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Encroached Roads: Side roads and service lanes adjoining the stream are blocked, worsening traffic congestion.
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Water Flow Blocked: Obstructions have reduced Shah Kul to a stagnant channel, unable to serve gardens or adjoining localities.
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Heritage Loss: Nishat Garden, a UNESCO heritage site candidate, has seen reduced water flow, impacting its historic fountains and greenery.
Environmental & Heritage Impact
The encroachment on Shah Kul is more than a land dispute. It has far-reaching ecological and cultural consequences:
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Urban Flooding Risk: With waterways blocked, Srinagar faces increased flooding during rains.
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Groundwater Depletion: Natural recharge points are disappearing, deepening Srinagar’s water crisis.
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Pollution: Encroached stretches often double as garbage dumps.
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Tourism Loss: Heritage gardens lose their authentic charm, affecting tourism revenue.
Environmentalists argue that losing Shah Kul is akin to “erasing Srinagar’s memory of water.”
Accountability & Allegations
The PIL doesn’t just target encroachers—it questions official negligence:
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How did large-scale constructions come up on a notified water channel?
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Why were municipal bodies and revenue officials silent for decades?
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Were officials complicit in granting fraudulent NOCs and building permissions?
This is why petitioners have sought a joint investigation by ACB and even the CBI, to probe whether corruption fueled the stream’s slow death.
What Lies Ahead?
The next hearings will determine:
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Whether all 23 encroachers are served and brought on record.
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If the High Court orders demolition or eviction drives.
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Whether a special investigation team is constituted.
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How quickly restoration can be initiated.
If enforced strongly, this case could become a landmark judgment on water-body encroachments in Kashmir, setting a precedent for safeguarding Dal Lake, Nallah Mar, and other shrinking streams.
Conclusion: A Test for Governance
The battle for Shah Kul is not just about one stream—it’s about whether Kashmir can reclaim its water heritage in the face of urban chaos and official indifference.
The High Court’s notices are a step in the right direction, but the real challenge lies ahead: removing encroachers, restoring ecology, and punishing negligence.
If successful, the revival of Shah Kul could breathe life back into Nishat Garden and reaffirm Kashmir’s identity as the “Land of Gardens and Streams.”
