DB directives in PIL on restoration of Dal lake

Excelsior Correspondent

SRINAGAR, Dec 26: In the much publicized Public Interest Litigation (PIL) seeking protection and restoration of Dal lake to its original position, Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Sindhu Sharma today passed several directions to the concerned authorities.
“In compliance to order dated 26th November 2019, a report has been filed by the Director Tourism Kashmir which states that comprehensive guidelines/policy have been submitted to the administrative department for perusal and approval”, the DB said, adding “moreover, a final draft of the guidelines for registration/renewal of registration of houseboats stands approved for being placed before the Chief Secretary”.
The DB directed that in order to get an evaluation as also inputs of experts, it would be appropriate if both these drafts/guidelines and policy are first placed before the Committee of Experts for their examination whose recommendations may additionally be placed before the Chief Secretary for finalization of the same.
The DB further observed, “a request dated 18th December 2019 has been received by the Department of Tourism from the Kashmir Houseboat Owners Association with a list of 110 houseboat owners who are willing to surrender the registration certificates of their houseboat units in lieu of rehabilitation”, adding “this matter may also be examined by the concerned authorities including the Director Tourism and LAWDA with the Committee of Experts and a scheme evolved with regard to those persons who have surrendered registrations”.
“It is heartening to note that the Department of Tourism has completed the GIS tagging/physical mapping of the houseboats, as also of273 hotels and guest houses in the Dal lake with the technical assistance provided by the Remote Sensing Organization, Srinagar”, the DB observed and ordered the Director, Remote Sensing Organization to take immediate steps to ensure that the entire data is appropriately uploaded on the official website and a report in this regard shall be submitted before the court.
The DB made it clear that the registration/renewal of any of the houseboats/guesthouse/ hotels/restaurants shall be subject to a certification by the owners that they have removed all unauthorized and illegal structures which have been constructed by them and verification thereof by the LAWDA.
“All other matters which are the subject matter of orders passed by this court which include the insulation of bio-digesters, prohibition of chemical fertilizers, restructuring of LAWDA, action on the floating gardens, the matter of rehabilitation and relocation of persons as also retrieval of properties from persons to whom plots have been allotted under the rehabilitation, development of recreation facilities are awaiting report from the respondents”, the DB observed, adding “there is no report forthcoming on the record with regard to augmentation of the capacity of sewerage treatment as also improving the efficiency of the existing sewerage treatment plants. The J&K State Pollution Control Board has not placed any action taken report before us”.
Accordingly, DB directed the respondents and all authorities to ensure that proper follow up reports with regard to all the action points noted by the Committee of Experts are also drawn up and placed before the Committee of Experts within six weeks from today.
“There are no public conveniences available around the Dal Lake to facilitate the visiting public as such LAWDA and the Srinagar Municipal Corporation shall immediately identify appropriate points and take steps for creation of public toilets”, the DB directed.
As several complaints have been made of unauthorized constructions which need to be continuously scrutinized, the DB directed, “it is therefore essential to have all existing structures video-graphed as well as photographed and a record maintained thereof”, adding “Principal District Judge, Srinagar has already been appointed as a Nodal Officer with the direction to video-graph and photograph all buildings and structures in and around the Dal Lake and also plot the same on a site plan”.
The DB directed the concerned SSP and LAWDA to provide requisite protection and assistance to the Principal District Judge, Srinagar for compliance of orders.

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