Fayaz Bukhari
SRINAGAR, Nov 15: The Monitoring Committee formed by Jammu and Kashmir High Court on preservation of water bodies has suggested enactment of strong legislation to preserve the water bodies including world famous Dal lake.
Lakes and Waterways Development Authority (LAWDA) has informed the High Court that the Monitoring Committee of water bodies has taken various decisions for safeguarding and protecting of lakes in its meeting and High Court directed LAWDA to complete those decisions and file fresh compliance report before the court on next date.
In its compliance report before the Court, LAWDA submitted that 5th meeting of Monitoring Committee was held under the chairmanship of Chief Secretary on October 26 and various decisions taken in its 4th meeting was deliberated for safeguarding and conserving of water bodies including lakes in the State.
In its first deliberation and discussion on formulation of comprehensive legal frame work for the enactment of a strong legislation for the preservation of all water bodies in the State, it was stated that the draft bill in this regard after examination from all concerned has been provided to amicus curie and senior advocate Z A Shah in the form of CD and it is pending with him for finalization as he did not attend the 5th meeting. Court asked the amicus to give suggestions in writing to the Monitoring Committee before the next date of hearing of the matter so as to enable them to proceed in the matter.
About the second deliberation and discussion on constitution of the Scientific Advisory Committee, it was submitted that the reservation expressed by amicus Shah in which he has suggested to explore the possibilities of incorporation of the eminent scientists from Kashmir University as also from Jammu University and Vice Chancellor Kashmir University was approached and he recommended panel of five scientists. “The formal orders be issued with terms so that scientific advisory committee is in place and accordingly, file has been submitted to the H&UDD Minister and Deputy Chief Minister for approval”, read the compliance report of LAWDA.
Court in this connection said that though the scientists recommended by the Vice Chancellor Kashmir University with the scientific advisory committee but the competent authority is yet to take decision in this behalf. “The competent authority (H&UDD Minister and Deputy Chief Minister) shall take decision and necessary orders in this behalf shall be passed before next date and report compliance”, directed the Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey.
With regard to expeditious development of Rakh-e-Arth Colony (shifting place of Dal dwellers) court has been apprised that fresh tenders were floated with the revision of turn over from Rs 50 crores to Rs 20 crores and it was also desired that consultants from outside the State like Maharashtra and Gujarat be also intimated about the expression of interest and last date for receipt of tenders was October 24 and due to prevailing situation in the Valley no response was received. Court directed that the process of tendering be initiated without further delay and sought action taken report before next date.
With regard to fourth issue about establishment of common STP in place of four STPs (3 existing and 1 proposed) and about the vision document it is submitted that the issue was deliberated upon and it was desired to invite concerned company (IIT Roorkee) along with its team to Kashmir to make a presentation so that their report can be placed before the court for consideration and decision. “The respondents shall file latest action taken report about the vision document and up-gradation of three STPs or the alternative setting up of one common STP and report in this behalf before next date”, Division Bench directed LAWDA.
Fifth issue which was taken in the court is physical demarcation of 200 metre zone from the periphery of Dal and Nigeen lakes with proper signage and Geo-tagging and in this regard monitoring committee has made deliberation on physical demarcation which has been started by way of excavation and LAWDA has fixed 6 months time for physical demarcation along with geo-tagging within 200 metre zone from the periphery of both Dal and Nigeen lakes. “The respondents shall file periodical report about the development of the work. The report shall be filed on every date of hearing”, the DB directed.
Inspector General of Police in his compliance report submitted that 33 cases have been registered in various police stations against trespassers and violators, who were found allegedly violating the directions of the court and submitted the details of the trespassers and violators before the court.
Court made them as party in the PIL and directed the registry issue notices to these persons through concerned Police Stations for their appearance before the court on next date.
Meantime, Court Commissioners detailed out before the Court that many times the trucks which carry construction material illegally within the prohibited area of the lake, have been found plying without number plates which makes them difficult to trace out the culprits.
Court directed the monitoring committee to take notice of the issue raised by the Court Commissioners and take necessary action in arresting the menace of carrying construction material illegally in the prohibited areas. “The reports of the Court Commissioners shall be considered by the monitoring committee in its next meeting and action taken before next date”, DB directed.
Court in various applications filed by the house boat owners whose house boats have been damaged due to fire or by some other reason and seek necessary repairs to these boats, directed LAWDA authorities to pass orders in accordance with law and in light of the recommendations made by the monitoring committee.
Monitoring committee has desired the panel comprising member secretary PCB, VC LAWDA and Director Tourism after visiting these house boats and suggested ‘Repair Required” for these house boats subject to the condition that the house boats are shifted to the Dole Demb area.
The compliance report by LAWDA suggests strengthening of the enforcement wing of the LAWDA. It was suggested that a separate police station having jurisdiction co-terminus with LAWDA be established. Furthermore the committee has also desired that the CCTV cameras around the periphery of Dal and Nigeen may be installed by the LAWDA. “The tenders for this purpose have been floated and early installation of the CCTV cameras was stressed by the Monitoring Committee. However, as regards establishment of special police station, it was desired to await finalization of draft bill with regard to enactment of strong legislation for preservation of all water bodies pending with the amicus.”
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