Fayaz Bukhari
Srinagar, May 12: High Court today passed a slew of directions to the Government about the illegal encroachments that have come up in the Pahalgam health resort and along the River Lidder.
A Division Bench of High Court comprising Chief Justice MM Kumar and Justice MH Attar asked the Director Health Services Kashmir, Dr. Saleem-ur-Rehman, to submit a report with regard to health conditions of residents and how many cases of Hepatitis B and C have been reported from the area.
The Bench was hearing a Public Interest Litigation which has been filed by the Pahalgam inhabitants, tiled as Pahalgam People’s Welfare Forum Vs State and others, seeking safeguarding of the tourist place Pahalgam from erstwhile Master Plan which, as per the petitioners, has turned the famous tourist place into concrete Jungle.
The court passed the direction after the counsel for respondent, Irrigation and Flood Control Department, Mushtaq Ahmad Chashoo (AAG) submitted that there are old structures (establishments) numbering about 1280 on Sheshnag and Aru streams, tributaries of River Lidder from Rangward to Mondlan and Nonwan to Yatra Base camp.
The court pulled up the respondent for not giving satisfactory answer over the disposal of solid waste etc., from these structures and observed that in fact the respondents conceded that the whole civil waste and solid waste is being discharged in the River Lidder.
The court further said: “Some of the establishments might have the soakage pits. In our view even soakage pits in an area where the water level is very high may not be proper as it contaminates the ground water spreading diseases like Hepatitis B and C.”
The bench also directed the Director Health Services to collect the information from hospitals like SKIMS, SMHS and G B Pant to find out the magnitude of the pollution spread by the establishments.
The court suo-moto included Secretary Pollution Control Board as party respondent in the PIL and issued notice to him so that all provisions concerning pollution laws are complied with.
The counsel for the respondent further submitted that out of 1280 structures, statement with regard to 465 structures has been filed. He submitted that these structures have come up before the date of passing of order which banned constructions within the radius of 200 meters on each side of the bank of the river Lidder.
The court directed Chief Engineer I&FC, Kashmir, to file his status report with regard to left-out structures in the form as it has been filed in respect of 465 structures and also asked him for mapping of the area.
“It would be appropriate for CE to undertake the mapping of whole area from Pahalgam to Khanabal of the river area as per the directions already issued. He may use Google map of the area and place on record the same,” the court directed.
Chief Engineer I&FC, Kashmir, Javed Jaffer, who was present apprised the court that out of 5 illegal structures 4 have been demolished and one structure could not be demolished on account of resentment among people despite police assistance.
Jaffer submitted that the matter has been taken up with Superintendent of Police, Anantnag, for providing sufficient police deployment to demolish the illegal structure.
The court further observed that Deputy Commissioner, Anantnag, has not filed status as he was asked to keep close vigil about illegal construction around river Lidder. “He was asked to ensure the committee is constituted by him functioning effectively so that no construction could come up,” the court said, directing him to file his status report before next date of hearing.
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