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| HC chides LAWDA over non-compliance of its orders on saving Dal Lake | | Directs Vigilance Organisation to take its investigation to logical conclusion | | Early Times Report
Srinagar, Jan 13: The state high court has pulled up Lakes and Waterways Development Authority (LAWDA) over non-compliance of its orders regarding preservation of Dal Lake, the flagship of Kashmir's tourism.
"We are constrained to notice with pain that directions though issued with sufficient clarify well in time are not being complied," a division bench of the court said.
LAWDA, it said, ought to have come up with comprehensive report well before hearing in the PIL, filed by a law student in 2002.
"Such practice is disapproved and is expected to be not repeated in future. As the matter has to come up after winter vacation, LAWDA should report compliance of all directions issued and status of all projects at present being executed by different agencies viz acquisition of structures, establishments of STPs, development of Rakh-e-Arath, reclamation of land after acquisition with Lake area and added to water expanse," the bench said.
It also directed the State Pollution Control Board (SPCB) to check and analyse discharges added to Dal Lake through Sewage Treatment Plants (STPs) after every two weeks and submit its report without failure.
"To illustrate only one report from PCB as to whether the discharge added to the lake are up to the prescribed limits, is not to end the matter. Such report made for particular period may not necessarily be corrected as regards post report period," the bench observed and directed PCB to check and analyze discharges added to the lake through STPs at Hazratbal, Nishat, Nallah Amir Khan, Brari Nambal and other places after every two weeks and submit report without default. "Let such exercise be also made and the discharges added to the lake by non-government STPs set up by private actors like Grand Palace, Hotel Centaur Lake View, SKICC and SKIMS Soura be also analysed after such intervals so that performance level of STPs set up by private actors is checked and analysed to ensure that treated discharges as regard PH, TSS, TDS, COD and BOD, Amonical Nitrogen and phosphate and other chemicals are up to the prescribed limits," the bench said, directing vigilance organization (VO) to take its investigation against LAWDA officials who allowed illegal constructions within the prohibited area to logical conclusion.
"Some progress appears to have been made by VO, Kashmir, in registering cases against LAWDA officials who prima facie appear to have facilitated illegal constructions to come up within lake and prohibited area. However, investigation is required to be taken to its logical end without any further delay," the bench said.
As regards accumulation of disproportionate assets by the officers responsible to utilize released funds for conservation of lake, the court observed that the preliminary enquiry was yet to gain momentum.
"With human resources available with VO, it is not difficult for it to conclude preliminary enquiry so that action warranted on its conclusion is taken with due dispatch," the court said and directed the vigilance organization to file a comprehensive report regarding the cases registered as also the preliminary enquiry initiated before next date of hearing in the PIL in the first week of February.
The bench sought an explanation from IGP, Kashmir, and Commissioner of Srinagar Municipal Corporation (SMC) for the raising of illegal construction within the prohibited area around the Dal Lake.
Perusing a status report filed by vigilance commissioners, the bench observed that it "reveals that J&K police constructed a hut, sometime back, at Police Golf Course in violation of the court directions as also Master Plan 2001-2021 in force as on date.
"Though the report and photographs attached to it would indicate that hut has been demolished by the department on its own, Inspector General is required to explain circumstances in which it was constructed, oblivious, to the court directions and mandate of Building Operation Control Act," the court said, directing the IGP to file the explanation by first week of February.
The vigilance commissioners also reported that SMC had raised a structure in front of Harwan garden on state land and that too without permission from LAWDA and in violation of directions of the court.
"The SMC commissioneris to explain alleged violation of law," the court said and ordered authorities to seal the structure. "Show cause notice be also issued to erring officials who exhibited negligence in discharge of their duty and action taken against such erring officials be reported by the next date of hearing," the bench said.
The commissioners also reported that one Syed Najeeb Naqvi had raised construction on state land at Barji Harwan, without permission and in violation of court order. "The construction raised by Naqvi be sealed immediately," the court said and directed SHO concerned to extend assistance to LAWDA.
"In the meantime, Deputy Commissioner, Srinagar, and Tehsildar concerned are to explain circumstances in which Naqvi was permitted to raise constructions on the state land. Fix liability on the functionaries guilty of negligence in preventing encroachment of state land and act against the erring officials," the court directed. |
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