Excelsior Correspondent
SRINAGAR, June 12: High Court today gave liberty to the Government with regard to modifying the revised Master Plan (MP) for Srinagar City in view of re-examination of buffer zones of Dal lake as notified in the new Master Plan.
The direction has been passed by the division bench of Chief Justice N Kotiswar Singh and Justice Moksha Kazmi after the opinion submitted by the technical expert committee for preservation of the Dal Lake and to prevent further damage to its ecosystem.
“Considering the importance of the matter for preservation of the Dal Lake and to prevent further damage to the ecosystem and the Dal Lake itself, we are of the view that respondents may proceed for modification of the Master Plan 2035 by following the due process as contemplated under the Jammu and Kashmir Development Act, 1970”, DB directed.
The direction followed after the Administration has accepted the technical report submitted by the constituted committee. The Court previously passed a detailed order keeping in mind the Master Plan 2035 which was already published and the Court was of the view that Master Plan can be revised and modified as per the advice of the experts and this Court accordingly granted liberty to the State to get the area of buffer zones around the Dal Lake re-examined by the State Authorities and to place a report before this Court.
It was pursuant to the order, a Technical Committee of Experts was constituted by the Government in December last year. The said Committee after due deliberations submitted a report. The report of the Technical Committee of Experts has been accepted by the Government on April 10, 2023 which was forwarded to Vice Chairman, J&K Lakes Conservation Management Authority, Srinagar, in which it has been clearly mentioned that the report has been accepted by the Government for initiating the statutory process and making requisite changes in the Master Plan.
The court in the previous order has categorically said the Master Plan is open for revision and modification as per the advice of the experts i.e., the Town Planners, Environmentalists and the other stakeholders including the authorities responsible for the Smart City Project.
The Advocate General was asked to take appropriate steps to get the area of the buffer zones around Dal Lake be re-examined by the State authorities in order to ensure that the provisions of the new Master Plan are not abused with regard to water bodies in general and Dal Lake in particular.
The Master Plan has categorized the utilization of lands in the buffer zone for the purposes of Parks and Gardens; however, it has been clarified that the efforts made by the Court and by the various authorities involved in the preservation of Dal Lake cannot be put to naught.
The Court has directed that while considering the utilization of buffer zones should be mindful and impose appropriate conditions on such projects so that the activities do not hamper or interfere with the earlier orders passed by the Court with regard to the upkeep of the lakes and water bodies.
The Court allowed the application of Director Tourism in view of the recommendation made by the High Level Committee to enable the respective houseboat owner to make necessary repairs and reconstruction in his respective houseboat in terms of the approval of the High Level Committee.
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