Excelsior Correspondent
Srinagar, Sept 4: In order to save the world famous Dal lake from encroachments, Jammu and Kashmir High Court today appointed two men ‘court commission’ and directed it to inspect the lake on daily basis and submit its report weekly with regard to any encroachment within the lake and its prohibited area.
The Division Bench of Chief Justice N P Vasanthakumar and Justice Hasnain Masoodi appointed Mohammad Shafi Khan (former District and Sessions Judge Srinagar) and Abdul Hamid Bhat (former Superintendent of Police) as Court Vigilance Commissioners for protection of the Lake.
“The Commissioners shall inspect the Dal lake area, as for as possible on daily basis and submit weekly report to the Registrar Judicial, High Court Wing Srinagar indicating therein, construction activity if any undertaken within Dal Lake and prohibited area, with necessary details like identity of violator, nature of the construction and its dimensions etc”, Court directed.
Court heavily came down on LAWDA authorities for their lackadaisical approach in saving the Lake from encroachers and encroachments as such appointed Court Vigilance Commission” to handle the situation. “A large area of lake has been eaten up by ever expanding neighborhoods and commercial buildings like hotels, guest houses and restaurants resulting into further decrease in its area due to the negligence on part of the law enforcing agencies”, court said.
World famous Dal lake, was spreading over an area of 50 Square kilometers half a century back and has shrunk to 13.5 Square Kilometers due to illegal construction, earth filling and other illegal activities. “We have thus lost a little less than 3/4th of Dal Lake during last few decades and significant decrease in area of Dal lake is mainly attributable to illegal constructions and encroachments”, court observed.
Even though court on many occasions has banned any kind of construction within 200 meters from the center of the foreshore road and peripheries of the lake and banned transportation of building material in the area. But the directions of the court were mostly observed in breach.
“The orders passed from time to time did not evoke desired response from the authorities particularly the officers of (LAWDA). The court was, therefore, left with no option but to take Dal lake in its own control and declare it Custodia Legis”, reads the order.
Dealing with an application wherein illegal construction with connivance of the officials (LAWDA) has been brought to the notice of the court as such court said “Prevention of construction activity in lake and its adjoining areas cannot be left exclusively to officers and officials of LAWDA”.
Court while reprimanding (LAWDA) said they ought to have swung into action on their own and submitted the action taken report. “However, due to lack of commitment on part of concerned officers, such matters are left to be brought to the court by general public despite the fact a person espousing public cause apprehends a retaliatory action from the violator”, court says.
In this back drop, court felt forming of ‘court commission’ to have a vigil on any kind of construction in and around the lake. “We are of the view that two independent and impartial ‘Court Vigilance Commissioners’ preferably with administration of justice and law enforcement background need to be appointed to keep vigil and regularly report to the court about construction activity if any undertaken in the lake and adjoining areas so that action warranted is taken without any delay”, court directed.
Court directed the Vice Chairman (LAWDA) to provide reasonable space for office use in LAWDA complex as well as service of at least one steno typist and orderly as also transport facility to the Court Commissioners so that they could discharge their duties without any difficulty or impediment.
Court also passed direction for payment of Rs 30, 000 per month to each Commissioner as honorarium and the same be paid by VC LAWDA.
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