Excelsior Correspondent
SRINAGAR, Apr 26: High Court today banned constructional activities in and around the Manasbal lake and directed the Chief Executive Officer Manasbal Development Authority to report to the Court in detail about the steps taken for preservation and protection of the lake.
The direction followed after the amicus to the PIL advocate Nadeem Qadri with advocate Shafkat Nazir submitted a document under the heading “Save Manasbal Campaign” before the Court having reference to the initiatives to save the precious water body, the Manasbal lake.
“The Chief Executive Officer Manasbal Development Authority shall ensure that no constructions are permitted in the area against the Master Plan and the byelaws in vogue”, Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan directed. Court directed him to report about the constructions in the area by or before next date of hearing.
With regard to steps taken for protection of the lake, Court also directed the CEO MDA to file details with reference to the mechanism in vogue for disposal of the solid and liquid waste of the lake and around the lake.
Advocate Nadeem Qadri and advocate Shafkat Nazir, while making submission with reference to the development at Sonamarg, has placed on record a document prepared by him having reference to the initiatives to save the precious water body Manasbal, which include thephotographs.
Court after the perusal of the document and photographs recorded that the authorities at the helm of affairs are not taking any effective steps for preservation and protection of the lake.
“We deem it proper to include the subject with the present PIL by taking on record the document and implead Chief Executive Officer Manasbal Development Authority as party respondent in the PIL. He shall figure as respondent No.18 in the PIL. He shall file response before next date of hearing”, read the order.
Taking effective steps with regard to the comprehensive Environment Impact Assessment Report and submitting the same to the Chief Town Planner, Kashmir for enabling him to take appropriate steps for revising the Master Plan for Sonamarg, as directed by this court from time to time, Chief Executive Officer Sonamarg Development Authority filed compliance of order dated 22.2.2019, in terms whereof the Commissioner/Secretary to Government Tourism Department was asked to take effective steps on EIA report.
The report revealed that the matter has been taken up with both Chief Town Planner and Commissioner/Secretary Tourism Department vide his office letter No.CEO/SDA/2019/5910 dated 29.03.2019 and CEO/SDA/2019/5926 dated 01.04.2019 respectively.
“Time and again the respondents are seeking time to report compliance with reference to revisiting the Sonamarg Master Plan. The officers who are required to file response with reference to the direction of revisiting the Sonamarg Master Plan are Commissioner/Secretary Housing and Urban Development Department and Commissioner/Secretary Tourism Department”, court said.
Court in view of the stand taken by Chief Executive Officer, Sonamarg Development Authority, the Commissioner/ Secretary to Government Housing and Urban Development Department, Commissioner/ Secretary Tourism Department and Chief Town Planner Kashmir granted further two weeks to respond to the directions passed on the subject of revisiting the master plan of Sonamarg. “In the event the officers fail to file the response within the time granted, they shall appear in person before the court on next date of hearing”, Court directed.
Amicus further submitted that Secretary Housing and Urban Development Department is not furnishing the details with reference to taking the steps for notifying the Rules and bylaws as directed by the court. To this State counsel informed the court that the process for notifying Rules and Bylaws is in pipeline and the matter in this regard has been taken up with the Election Commission of India.
It has also been brought to the notice of the court that heap of garbage in huge quantity is lying outside the G.B.Pant Children Hospital Srinagar. Court has been informed that non-compliance of the Waste Management Disposal Rules has resulted in deposition of the huge garbage outside the hospital which is not only hazardous but dangerous for the life of the children who are approaching the hospital for treatment.
In this connection court directed Chief Executive Officer Cantonment Board to ensure lifting of the garbage and waste which is stated to be dumped in and around the G B Pant Children Hospital without any further delay.
CEO Cantonment Board has been directed to ensure disposal of the waste in terms of the Solid Waste Management Rules 2016 and file compliance. Advocate for Cantonment Board caused his appearance on behalf of Chief Executive Officer Cantonment Board and he has been directed to file response and compliance of the direction by or before next date of hearing.
Medical Superintendent, G B Pant Children Hospital has also been directed to file his report about the steps taken for ensuring proper hygiene in and around the Hospital.
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