Excelsior Correspondent
Srinagar, Aug 1: Jammu and Kashmir High Court today warned Government of any encroachments around the Lidder stream in Pahalgam and said the authorities will be personally responsible for any violation of court orders.
The Division Bench of the court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi in a public interest regarding encroachments and violations of Master Plan applauded the Chief Engineer, Irrigation and Flood Control, State Pollution Control Board, Deputy Commissioner Anantnag, Chief Executive Officer Pahalgam Development Authority for their commendable job.
The court observed: “Compliance reports reveal that authorities have not only understood import of directions passed in the PIL by this court from time to time but made serious efforts to provide valuable information enabling this court to have a clear idea about status of environment and ecology of Pahalgam and its adjoining areas.”
The court also asked them that they would be responsible in case any violation of court orders is found in Pahalgam and its adjoining areas and also passed a slew of directions on them for further action.
“They shall be held personally responsible in their respective areas of jurisdiction for any violation of direction dated 17th of July” and “We reiterate of direction dated 17th of July that no construction shall be raised within radius of 200 meters on either side of Lidder Nallah from Sheshnag and Aru to Pahalgam and from Pahalgam to Seepan, the place of its confluence with the river Jehlum,” the bench said.
The court directed the Chief Engineer I&FC to classify the list of structures which he has annexed with his compliance report in ‘three separate lists’ showing the necessary details of 540 structures with 50 meters of either sides of Lidder Nallah.
“…….second list shall tabulate such details in respect of 287 structures found with 51-100 meters and third list give details of 453 structures found within 101-200 meters on either side of Nallah,” the court directed.
The bench also directed for furnishing of detailed mode and manner of disposal of sewage of each of the structure so that it is known the discharge of effluent flow directly into the Nallah.
The court expressed dissatisfaction with the details of existing structures furnished by PCB and directed them to file fresh statement of facts detailing therein all 1280 structures with 200 meters of either side of Nallah and verify rest of the 741 structures.
“We are not satisfied with the details given in respect of 539 verified and inventorized structures. PCB shall verify rest of the structures i.e 741(1280-539) that are yet to be verified and inventorized and give details of each of commercial and non-commercial structures, like number of rooms, present mechanism of sewage treatment with capacity and whether any6 waste water from such structures directly flows into Lidder Nallah.”
After fresh report with regard to all 1280 structures, an independent team of experts be constituted to verify the information.
“It may be necessary after a fresh comprehensive report as regards all the 1280 structures, is received from the Board, to constitute an independent team of experts to verify the information” Said the Court.
In another direction to CEO PDA and DC Anantnag court directed them to file fresh compliance report about the unauthorized constructions identified by the Principal District Judge, Anantnag in his report.
“As Movera is part of PDA, the CEO must realize that even in absence of court direction, he is under obligation to stop any construction in Village Movera and for that matter other areas within his jurisdiction” Observed the Bench.
Director Health Services, Kashmir has been directed to make sample survey of area on the basis of inputs from local health centers and find out spread of water born diseases in areas adjoining Lidder stream and submit his report indicating therein results of the survey as also health status of Hepatitis B patients of area.
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