Fayaz Bukhari
Srinagar, Dec 3: The State High Court has warned action against Lakes and Waterways Development Authority (LAWDA) for its lack of concern to enforce the law and court orders in conservation of the water bodies in Valley.
Court has been informed by the Court Commissioners about the apathy shown by the LAWDA in enforcing the law of land and court orders and sought explanation from them on the issue. Court directed authorities to enforce the law and court orders and report to the court about compliance by next date.
“The respondents, more particularly, the authorities of LAWDA, shall explain their position as to why no action is taken about the issues raised in the report of Court Commissioners”, division bench of Justice MH Attar and Justice B S Walia order read.
Court has also warned action against the authority for negligence of their duties. “The inaction on the part of these authorities may result in proceedings against them not only for dereliction of their duties but for violation of the court orders”, Court said.
Court also directed the registry to provide the report of Court Commissioners to the monitoring committee for taking appropriate action in this regard.
Inspector General of Police Kashmir Zone in his report has given the full details of those persons to the court against whom cases have been registered u/s 188 of Ranbir Penal Code for illegal construction and encroachments in and around the lake.
Court directed all these persons to file undertakings within two weeks mentioning therein that they will abide the laws of the land as also the court orders and will not raise any illegal construction. “In the event the undertaking are not filed, as stipulated, Registry shall issue notices to them for their personal appearance before the court on next date of hearing”, DB said.
Meantime, court has been informed that Government on November 28 has given sanction for constitution of Scientific Advisory Committee in LAWDA for the project conservation and management of Dal & Nigeen lakes.
Representing counsel of LAWDA apprised the court about the 6th meeting of Monitoring Committee which according to him is scheduled to be held on December 13 for further course of action and implementation of decisions taken in previous meeting.
Court asked the Senior Counsel and amicus to the PIL, Z A Shah, who is also member of the committee to participate in the meeting as ‘lager interests of the State’ are involved so that appropriate decision about the enactment of strong law for protection, preservation and conservation of water bodies including Dal and Nigeen lakes is formulated.
In may be mentioned here that Court on last date of hearing was informed that certain decisions have been taken by the monitoring committee in saving the water bodies including Dal and Nigeen lakes and some of the decision are physical demarcation of 200 meters of zone from the periphery of Dal and Nigeen Lakes (prohibiting area for raising any kind of construction), Vision Document of the lakes, Enactment of strong law for preservation of water bodies, Development of Rakh-e-Arth (Shifting place of Dal dwellers) etc.
About the investigation of the case in FIR No. 95/2016 registered against BJP MLC for raising illegal construction on Gupkar Road which is within 200 meters of prohibited zone, SHO Police Station Ram Munshi Bagh stated that statement of two officials of LAWDA have been recorded and the investigation of the case is underway.
The officer also submitted that Police is maintaining strict vigil on construction spot to ensure that no further construction is raised as also the police visited the house of the accused many times but he was not available there. “The investigation shall be completed at the earliest and compliance report be filed before the next date of hearing”, DB directed to the SHO.
Court has also sought compliance report from Pollution Control Board about the functioning of sewage treatment plants (STPs) of the lake as also the functioning of STPs established in SKIMS hospital, Hotel Grand Palace and STP established in Hotel Centaur Lake view whether these STPs are meeting with the norms or not.
PCB has also informed the court that the department monitored the water quality of Dal and Nigeen lakes upto 2nd fortnight of October and the water quality of these lakes in respect of Dissolved Oxygen Level (Self purifying capacity of water) was found on lower side near one STPs situated at Habak, Nishat Lam and Ashai Bagh Bridge as such the self purifying capacity process is not satisfactory.
Meanwhile, Resident Manager of Hotel Grand Place has filed undertaking saying that the management of the hotel will abide by the provisions of acts and will faithfully obey the court orders. On the other hand Government counsel produced a copy of report in which it is stated that the management of the hotel has not filed any application for issuance of NOC from the (UEED) department for replacement of STP. Court said that it appears the management is not serious in replacing the STP in near future as such issued notice to Regional Manager of the management for replying the court in this behalf.
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