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HC for early completion of probe against BJP MLC over illegal construction
12/3/2016 10:17:39 PM
Early Times Report

Srinagar, Dec 3: The state high court has directed police to complete the investigation 'at the earliest' into an FIR registered in connection with illegal construction allegedly by BJP MLC Ajatshatru Singh at Sonawar here.
"The investigation shall be completed at the earliest," a division bench of Justice Muzaffar Hussain Attar and Justice B S Walia said and directed police to file compliance report before next date of hearing in the case. The court passed the direction after SHO of the concerned police station submitted that a police party visited Singh's house many times but he was not available there.
The SHO of police station, Ram Munshi Bagh, in his compliance report also stated that during investigation of the case, statements of two officials of LAWDA -- Abdul Rashid Mir and Syed Maqbool Rizvi - were recorded.
He said investigation of the case was in progress and police were maintaining strict vigil to ensure that no construction was raised on the spot.
The divisional administration, in compliance to court directions, has already sealed the concreting laid for foundation of Ajatshatru's illegal structure.
Hearing a PIL, the court also directed PCB authorities to file compliance report before next date of hearing, specifying therein the places, where self purifying capacity of the water bodies was less than the norm.
The direction followed submissions by PCB that water quality of Dal and Nigeen lakes was monitored and their water quality in respect of Dissolved Oxygen level was found on lower side near STPs of Habak, Nishat Lam and Asahi Bagh bridge.
Explaining as to what the "Dissolved Oxygen level" means, the PCB submitted that it 'determines the self purifying capacity of water body and its concentration more than 5 mg/I indicates good water quality'.
The PCB submitted that the average concentration in the Dal and Nigeen lakes 'ranges between 4.3 to 7.0 mg/I'. The concentration more than 5 mg/I, both in Dal and Nigeen lakes, ranges between 4.3 to 7.0 mg/I, would otherwise mean that at some places the self purifying capacity of the water bodies is not satisfactory, having concentration of less than 5 mg/I. The court directed PCB to specify places where the self purifying capacity of the water bodies was less than the norm.
Meanwhile, in pursuance to order dated November 9, Vipin Singhal, Resident Manager, Hotel Lalit Grand Palace, Srinagar, filed an undertaking to the effect that management of the hotel will abide by the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and will, faithfully, obey all the orders issued by the Court from time to time. "The undertaking is taken on record," the court said.
Meanwhile, PCB in its compliance report stated that the samples taken from STPs at SKIMS, Hotel Lalit Grand Palace, Centaur Lake View Hotel and STPs maintained by LAWDA at Nishnt Lam, Habak, Hazratbal and Brari Nambal (new) were meeting the prescribed norms. It was also stated that the samples could not be taken from the STPs of Nallah Amir Khan because the authorities could not reach there due to construction of sewer line.
The additional advocate general also submitted that 6th meeting of the Monitoring Committee was scheduled to be held on December 13. "Since the meeting is being convened at Jammu, the Amicus Curie, who is also a committee member, in the larger interests of the state, shall participate in the meeting so that appropriate decisions are taken about the law, which is required to be formulated for preserving and conserving the water bodies including Dal and Nigeen lakes," the court said and directed its registry to forthwith serve copy of the order on the Amicus Curie.
IGP, Kashmir Zone, in his compliance report, gave details as also the particulars of the persons against whom cases had been registered under section 188 of RPC.
"All the persons, mentioned in the compliance report, shall file undertakings within two weeks from today in terms of previous court orders, stating therein that they will abide by law of the land, the court orders and will not raise any illegal construction," the court said.
If undertakings were not filed, as stipulated, the court directed its registry to issue notices to them for their personal appearance before the court on next date of hearing in the PIL.
"The latest report filed by the court commissioners reveals the apathy shown by the respondents in enforcing the law of the land and court orders in some cases. The respondents, more particularly, the authorities of LAWDA, shall explain their position as to why no action is taken in respect of the issues raised in the report," the court said and directed them to forthwith enforce the law of the land and court orders and report compliance before next date of hearing in the week commencing December 26.
"The inaction on the part of these authorities may result in proceeding against them not only for dereliction of their duties but also for violation of the court orders," the court said.
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