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| Attach erring LAWDA officials who allowed illegal constructions around Dal: DB to Govt | | Com SVO asked to set up special team to enquire into allegations of misuse of office | | Early Times Report
Srinagar, Oct 31: Division Bench of the High Court comprising Chief Justice Paul Vasanthakumar and Justice Hasnain Masoodi has directed government to attach those officials of Lakes and Waterways Development Authority (LWDA) who have allowed illegal constructions which were ordered to be sealed recently by the court within the prohibited area of Dal Lake.
Hearing a Public Interest Litigation (PIL), a Division Bench comprising Chief Justice Paul Vasanthakumar and Justice Hasnain Masoodi directed Commissioner Vigilance Organisation to constitute a special team for conducting an enquiry into amassing of wealth by officers and officials of LAWDA.
"Court Vigilance Commissioners in one of their reports have stated that funds sanctioned/ allotted from time to time for preservation of Dal Lake and its adjoining areas have not been used for intended purpose and instead have found way into pockets of some of officers/officials to engaged in implementation of the projects. Some of the officers of LAWDA are said to have accumulated wealth at the cost of Dal Lake and its ecosystem," the court said.
"Commissioner Vigilance Organisation shall constitute a special team of at least two to three senior officers of the organisation to conduct a full-fledged enquiry into allegations of misuse of office/accumulation of assets disproportionate to known sources of income by officers/officials of LAWDA," the court said and director the Commissioner to submit report about progress of the enquiry by November 18.
The court also observed that they illegal constructions reported by the court-commissioners are indicative of the fact that LAWDA's Enforcement Wing has been acting in collusion with lawbreakers and facilitating the unlawful constructions.
The division bench said that ordinarily the massive constructions would not have escaped attention of concerned authorities and could have been stopped well in time, had the officers discharged duty with which they were saddled with.
"They by their omissions and commissions have conferred undue benefits on lawbreakers and their conduct prima facie amounts to "misconduct" as defined under Section 5 of J&K Prevention of Corruption Act," the bench observed and directed Commissioner Secretary to Government, Housing and Urban Development Department and Vice Chairman LAWDA, to immediately attach officers or officials of the Enforcement Wing within whose territorial jurisdiction illegal constructions directed to be sealed have been raised. It also directed the authorities to replace the staff by a team of honest and dedicated officers or officials at the disposal of LAWDA or even brought from other wings of Housing and Urban Development Department on deputation.
"Let disciplinary proceedings be initiated and a case under relevant provisions of J&K Prevention of Corruption Act, 1949, also registered with police station VOK against erring officials," the court added.
The court also ordered immediate sealing of the massive structure comprising of 50 rooms and four lobbies by M/s Tahir Mir and Ghulam Mohammad Mir, residents of Nigeen within the prohibited area. The structure has been identified by the court commissioners in their latest status report with the observation that the violators camouflaged permission for construction for 2144sft plinth area and raised the massive construction comprising 50 rooms and four lobbies. The division also observed that compliance report by the secretary is also silent about double storeyed structure at Harwan/Barji raised by Directorate of Indian System Medicine (Ayush) at Dachiguni, in violation of Master Plan and court order. "The building as already directed, be sailed/attached," the court said and directed LAWDA to file compliance reported by November 18.
The division bench also directed government to file a detailed report indicating steps taken for preservation of like Anchchar Lake, Khusal Sur and Brari Nambal Lagoon. |
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