Excelsior Correspondent
SRINAGAR, May 21: The High Court today directed the authorities for prohibiting any kind of transfer, alienations or third party interest of the sites earmarked for the Dal dwellers.
The direction has been passed in a Public Interest Litigation regarding safeguarding and protecting the world famous lake encroachments and pollutants.
Chief Justice Gita Mittal and Justice Tashi Rabstan, directed LAWDA to take immediate steps towards prohibiting all transfers, alienations as well as parting of possession of the rehabilitation sites by the allottees, to any third person, in any manner whatsoever.
Committee of Experts in their sixth report have pointed out the allotters who allotted the rehabilitation sites, are alienating the same. Such alienations run completely contrary to the spirit intendment and purpose of the relocation which is for the purpose of rehabilitation.
“Such action shall deemed to be violation of the terms of allotment and invite action for cancellation of the allotment in favour of the allottes as well as dispossession of the allottes and/or their assignees from the relocation sites. Execution of Power of Attorneys and handing over the possession to such person, even if attorneys shall be treated as alienation of the plot by the allottees”, DB warned.
The DB after perusal of report submitted by the Committee of Experts said that in order to effectively monitor the works and measures pointed out by the Committee, it would be useful to place steps to be taken in the tabulation form setting out the work, authorities responsible for it, the time line and the action taken.
DB directed VC, LAWDA to prepare such a tabulation form. “Let this tabulation be placed before Abdul Rashid Malik PDJ, Srinagar, who stands appointed as Nodal Officer in the case, who will scrutinize the same and place the same on our record”, the court said.
The major problems which the court, as pointed out by the Committee of Experts in the Sixth report are the non-effectiveness of the existing Sewerage Treatment Plants (STPs).
It has also been pointed out that there is no well-planned sewerage system, while pumping stations are spewing sewerage into the channels connected to the Dal lake. The Committee of Experts has assigned the responsibility to the Principal Secretary, Housing and Urban Development Department (HUDD) to examine the sewerage management issue holistically and suggest collective measures.
Principal Secretary HUDD, Kashmir has been directed to engage an expert and also inform the Court about the steps taken towards engagement of the Expert before the Committee of Experts for approval.
“The guidelines for Sewerage Treatment Plants and effluents issued by the J&K State Pollution Control Board (J&KSPCB) for discharge of effluents into water bodies shall be strictly complied with”, read the order.
The third problem pointed out in the report is pollution resulting to the Dal lake on account of use of chemical pesticides and fertilizers.
While action has been taken in respect of the floating gardens and the use of such chemicals by agriculturists in the area, the Committee of Experts has pointed out that the use of chemical pesticides and fertilizers by the Golf Courses in the Lake periphery is to be stopped forthwith.
The Committee of Experts has strongly recommended that use of chemical fertilizers and pesticides in the Golf Courses in the Lake periphery shall be stopped forthwith and in future only organic pesticides and fertilizer may be used. The Committee of Experts has further stated that the Secretary , Tourism Department has been assigned the responsibility to ensure that these orders and complied complied with and report filed on this issue by 15.06.2019.
Court directed to stop use of chemical pesticides and fertilizers on the Golf Courses in the Lake periphery, which flow into the Dal lake along with the storm water and pollute live lake.
Chairman J&K State Pollution Control Board has been directed to remain present before the Court on the next date of hearing along with a report of declaration of the Dal lake as an Eco Sensitive Zone also before the next date of hearing.
A report has also been submitted by Senior Superintendent, Vigilance Department setting out the details of FIRs which have been registered in the Police Station, igilance Organization regarding illegal constructions aft different locations around the Dal lake.
In this regard, VC LAWDA has been directed to inform the Court about the action taken to remove the illegal constructions pointed out in this report. “The VC LAWDA shall file a report in this regard within one week from today”, the order said.
Follow our WhatsApp channel
