HC warns action against VC LAWDA, directs removal of illegal constructions

Fayaz Bukhari
SRINAGAR, Aug 8: The High Court today directed the Lakes and Waterways Development Authority (LAWDA) to remove the illegal structures inside the Dal lake immediately and warned action against the Vice Chairman if he fails to take action.
The direction was passed by the Court after a power point presentation presented in the open court depicted glaring violations of laws and court orders with concrete structures coming up recently within the lake.
The video and photographs taken by advocate Sajad Ahmad Mir who is also assistant to amicus curie Z A Shah (Sr. Advocate) have been shown to the court and advocate Mir while pointing out on these pictures submitted before the Court that they have been taken in presence of Superintending Engineer and Enforcement Officer of LAWDA and  about 25 fresh concrete structure have come up inside the lake from Hazratbal towards Ashai-Bagh.
Besides that Advocate Mir submitted that drainage has also been constructed which starts from Raniwari to Nishat as also hundreds of kanals land has been created out of water. He also said that number of colonies are inside the lake.
Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey after these submissions and going through the pictures said, it prima facie appears that various construction have come up in the area which ought to have been part of the lake but it has been encroached upon.
The DB directed that all such illegal structures are liable to be removed in tune with the court directions passed from time to time and in this connection, if, court said authorities are required any kind of police assistance that shall be provided by concerned Superintendent of Police.
It may be mentioned here that a detailed report was filed  by Advocate Sajad Ahmad Mir around the lake so as to give the correct picture to the court.
The report in which worst condition of the Lake has been put before the Court despite hundreds of orders passed by the court for its preservation and protection.
Court has also observed to the LAWDA VC that he has to take measures and not waiting for court orders. “If you don’t do it then court will proceed against you and will take its own course. You are spoiling the lake, it needs immediate treatment. We may also visit the lake any time and if things are not good then be ready for action”, DB observed.
Court also emphasized on removing of weeds and water lilies. Court also asked for water sampling on the basis of new norms. Court directed for finalization of detailed project reports (DPRs) with regard to conservation of Nigeen, Anchaar, Gilsar and Khushaalsar.
Court directed the Monitoring Committee which is scheduled to meet on August 19 as also Scientific Advisory Committee to put their minutes of meeting before the court on next date.
Court also questioned the VC about the awareness through school Children with regard to demerits of use polythene and other plastic items in and around the lake and warned the authorities for contempt proceedings in case the drive against polythene is not undertaken.

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