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| HC’s directive for management of Dal, Nigeen lakes | | | Early Times Report
Srinagar, Nov 15: The State High Court has directed government to file periodical reports regarding physical demarcation of 200m zone from the periphery of Dal and Nigeen Lakes with proper signages and geo-tagging.
Hearing a PIL, a division bench of Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magrey also passed a slew of other directions including the one asking competent authority to take a decision about scientific advisory committee for providing scientific guidance for the conservation and management of Dal and Nigeen lakes.
Regarding the physical demarcation of 200m zone from the periphery of Dal and Nigeen, Lakes and Waterways Development Authority (LAWDA) informed the court that the process with proper signages and geo-tagging had been commenced and would be completed within six months time.
"The respondents shall file periodical report about the development of the work. The report shall be filed on every date of hearing," the bench said.
Regarding constitution of the scientific advisory committee, LAWDA stated in the compliance report filed by it that amicus curie had suggested to explore the possibilities of incorporation of eminent scientists from Kashmir and Jammu universities. Accordingly, it said, VC of Kashmir University had recommended a panel of five scientists and accordingly file had been submitted to Minister for H&UDD as also to the deputy chief minister for approval.
"The LAWDA compliance report would show that though the scientists recommended by VC KU have consented to be associated with scientific advisory committee, the competent authority has not taken any decision in this behalf. The competent authority shall take decision and necessary order in this regard before the next date of hearing," the court said and directed government to file compliance report.
Regarding missing links to be assessed under lake conservation and management programme as regards arresting of sewer, LAWDA informed the court that the issue was deliberated upon during the 5th monitoring committee which was held under the chairmanship of chief secretary on October 26 last.
"It was desired to invite IIT Roorkee (Dr A A Kazmi along with his team) to Kashmir to make a presentation so that their report can be placed before High Court for consideration and decision," LAWDA said.
Further the chairman of the monitoring committee, chief secretary, desired that the formulation of vision document has been delayed and IIT Roorkee has already availed three months beyond the time limit. It also directed that LAWDA may explore the possibility of establishment of a common STP in view of 4 STPs (3 existing and 1 proposed at Telbal), the compliance report said.
"The respondents shall file latest action taken report about vision document and upgradation of three STPs or the alternative setting up of one common STP," the court said and directed the government to file the report in this behalf before next date of hearing.
Regarding the strengthening of its enforcement wing, LAWDA informed the court that the monitoring committee had suggested establishing a separate police station having jurisdiction co-terminus with LAWDA.
The committee also desired that the CCTV cameras around the periphery of Dal and Nigeen may be installed by LAWDA.
"The tenders for this purpose have been floated and early installation of the CCTV cameras was stressed by the committee. However, as regards the establishment of special police station, it was desired to await finalization of draft bill pending with the amicus curie," LAWDA said.
Following the submissions, the court said that the suggestion had to await the suggestion of amicus curie. "This issue will be considered on next date," it said.
The IGP, Kashmir, also filed the compliance report, which was taken on record by the court. It is mentioned that from October 13 to 31, 33 cases were registered in various police stations against trespassers or violators of the court orders. Besides, seven vehicles which were carrying illegal construction material in the prohibited area of Dal lake had been seized.
The details of persons were mentioned in the report and the court impleaded them as party respondents in this PIL. "Registry to issue notices to them through the concerned police stations for their appearance before the court on next date," the bench said.
The court was also informed by the commissioners appointed by it that many times the trucks which illegally carry construction material had been found plying without number plates, thus, making it difficult to trace out them. "The monitoring committee shall advert its attention to the report of the court commissioners including to its recommendation and take necessary action in arresting the menace carrying construction material illegally in the prohibited areas," the court said.
It also requested the amicus curie to give suggestion in writing to the monitoring committee before next date so as to enable them to proceed in the matter regarding formulation of comprehensive legal frame work for the enactment of a strong legislation for the preservation of all water bodies in the state.
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