Excelsior Correspondent
SRINAGAR, Dec 11: Jammu and Kashmir High Court today directed the Vigilance Commissioner to report the court about investigation in accumulation and amassing of disproportionate assets by Lakes and Water Ways Development Authority (LAWDA) officials. It also directed LAWDA officials to immediately replace the officials posted in LAWDA by honest officers who have not served the LAWDA till date.
The High Court has been informed that Government of India has accorded sanction of Rs 1068 crore to three projects for preservation, protection and conservation of the lake and the first project is Rs 298 crore project under NLCP for construction of STPs, drainage and other facilities.
Out of Rs 298 crore an amount of Rs 258 crore has already been released till date and Rs 15 crore stands released on July 2015. “This amount is available to LAWDA and can be utilized for the pending projects including upgradation of STPs and construction of new STPs”, Government informed the court.
The second project sanctioned for rehabilitation of Lake and Development of Place where the Dal dwellers are to be shifted at the cost of Rs 416 crore and out of which an amount of Rs 107 crore stands released as on date and Rs 97 crore has been already spent for it and further Rs 10 crore is available with LAWDA.
Court in response to the information said that the amount is too meager to meet the requirements for rehabilitation and development and may take more than two decades and by that time millions of cubic meters of untreated effluents would be added to the lake. “The dream of restoring lake to its past glory may not be thus realized, at all,” court said and adding “the rehabilitation of Dal dwellers and development of Rakh-e-Arth is one of the important component of the development plan undertaken to protect the lake”.
In this context court asked the Central Government to increase the flow of funds so that the projects be completed. “We impress upon Central Government to increase flow of funds for timely execution of the project. It would be appropriate, if 25 to 30 percent of the amount proposed to be spent on the project, the project is executed within a reasonable time frame”, said the Division Bench of Justice Hasnain Masoodi and Justice Ali Mohammad Magrey.
The third project which the court said is important, is acquisition of encroached land and structures within the lake and the project has been sanctioned at the cost of Rs 346 crores and out of which Rs 80 crores stands released but only Rs 23 crores has been spent till date and an amount of Rs 58 crores is lying in the bank account of LAWDA.
Principal Secretary, Finance Department who was present in the court explained the delay in release of funds and attributed the delay to LAWDA as non- utilization of funds allotted or non-submission of utilization of certificates in time.
“To maintain financial discipline, all concerned departments including LAWDA are required to submit utilization certificates, so that the competent authority is satisfied that the funds allotted stand utilized and works executed have been checked by the officers at different levels,” Principal Secretary stated.
Commissioner Secretaries of Finance and Housing & Urban Development Department informed the court that Government of India has decided to release the balance amount of Rs 266 crores that because of non-utilization of funds was allowed to lapse, so that the project does not suffer. “LAWDA cannot complain about non-availability of funds as regards ‘Acquisition of Land and Structures’ in lake”, reads the order.
It has also been stated that LAWDA is going slow as the pace of acquisition of land and structures is to match with the pace of development of Rakh-e-Arth as the High Level Committee comprising of Divisional Commissioner Kashmir, Deputy Commissioner Srinagar and Collector LAWDA is not taking up acquisition matter with due dispatch.
“In case acquisition of land and structures is put on hold till development of shifting place let a part of funds released for ‘Acquisition of Land and Structures’ be diverted to rehabilitation of Dal dwellers and development of Rakh-e-Arth, so that both the projects witness progress”, directed the DB.
Principal Secretary, Finance and Commissioner Secretary H&UDD stated that Dol Demb project at the cost of Rs 29 crores has been approved by the Government and Rs 1 crore has been released to LAWDA to take initial call in this regard towards the execution of work on the project and once the initial steps are taken by LAWDA, a reasonable amount would be released.
Court after this information directed the (LAWDA) authorities to float the tenders for the project and notify a list of Houseboats to be shifted to Dol Demb area on its completion so that the Houseboat owners are well aware of the schedule of proposed shifting.
Court also directed LAWDA officials to send back those officers who have been posted in the Lake on deputation or otherwise for the purpose of vigil on illegal activities for more than three years to their respective departments immediately and replace them by those officers who are honest and have not served the LAWDA till date.
Court appreciated the work done by Court Vigilance Commissioners as they reported the violation of court orders, Master Plan and Building Permission in and around the lake and made possible for the court to pass appropriate directions and expressed its displeasure over the act of authorities for not providing necessary facilities to the Court Vigilance Commissioners so as to enable them to accomplish the task assigned to them.
Court directed the State Motor Garages Department to provide dependable vehicle to the Court Vigilance Commissioners and submit a copy of the order made in this regard by next date of hearing.
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