HC directs for demarcating Dal as per SGI report

Excelsior Correspondent
Srinagar, Mar 4: The High Court today directed that the Lakes and Waterways Development Authority (LAWDA) should mark the boundary of the Dal lake on ground using survey stones and pillars as per the Surveyor General of India which demarcated the boundaries of Dal lake by using Geo-Positioning Stations (GPS).
As per the recommendations of Committee of Experts and directions of High Court, the Surveyor General of India (SGI) demarcated the boundaries of Dal lake by using Geo-Positioning Stations (GPS) which the court said is as per international standards and is acceptable globally and recorded that it is the responsibility of LAWDA to mark the boundary on ground using survey stones/ pillars.
The Surveyor General of India (SGI) after discussions with the member of CoEs agreed to take up the demarcation of the boundaries of the lake as existed in early 80s which was available in the office of the SGI. The map previous to this was from 1923.
Division Bench headed by Chief Justice Gita Mital while applauding the SGI said that the work was taken up by the Surveyor General as a special case as the work of carrying out cadastral survey and maintaining land records data, textual and spatial, is a State subject and the responsibility of the State/ UT.
“In the shortest possible time, the team from Survey of India using Geo-Positioning Stations (GPS) demarcated the Lake boundary with regular geo-referenced points with coordinates in system WGS-84. This implies that the boundary marked is as per international standards acceptable globally”, Court said.
Court after perusal of the report of CoEs which includes the map added, the digital map of the boundary of the Dal-Nageen is now immutable and tamper-proof and is digital. “It is impossible for it to get destroyed by fire or for anyone to tamper with the boundary demarcation. The availability of map reveals as to where the boundary of the Dal runs”, it said.

“Any professional would understand that such a map should have been prepared decades ago as without it, all discussions on number and identity of encroachers, land-holders or the alignment of boundary road or the total area of the Lake and how much reduction it has faced, is meaningless. The details above are given to emphasize the enormity and importance of the work done”, the order said.
Court directed it is the responsibility of LAWDA to mark the boundary on ground using survey stones/ pillars. “With tremendous push from the CoE, the VC LAWDA got the first pillar planted on 22-23 July in the presence of the CoE Members. The Members were aware that unless this work was got done through continuous monitoring it would never begin”, DB said.
The CoE has consistently taken the stand that the location of the boundary line should be known publicly; thereafter, it is up to the Govt to decide how much of the water area of the Dal-Nageen will be allowed to remain, of course, with necessary directions of the Court. Out of the 360 ground points marked in the Survey General of India Map, in 6 months only 70 ground pillars have so far been erected. The CoE has been expressing its dissatisfaction over the tardy progress to each VC as they come and go.
During the site visits by the CoE Members to the Intermediate Pumping Stations, it was detected that the IPSs instead of directing the sewage to the STPs were allowing sewage to flow into the Dal. This was either because the pumps were non-functional or to pilfer diesel. Based on CoE directions, auto switch sensors have now been set up in all the 8 IPSs. CoE directions to seal the openings through which untreated sewage is allowed to flow from the pumping station into the Lake is yet to be complied with.
After much study and cogitation, the CoE Members are of the opinion that there is need to prevent water stagnation around the houseboats. For this reason and in order to provide a green-field tourist site, LAWDA had agreed to develop Dole Demb by taking up the project lying dormant for many years.
With CoE advice, the work started about 4 months back but progress is slow. The frequent change in VC is one of the causes.
That the Committee of Experts is visiting the Dal on 6th and 7th March, 2020 and would be evaluating the actions taken by all the authorities on the subject matters which are under consideration. “Let the evaluation of the action taken and also required to be taken by the authorities as assessed by the Committee of Experts be placed before us before the next date of hearing”, DB directed.
Court on conclusion of the order reiterated that as already directed, all authorities and parties shall remain bound by the orders passed by this Court and the directions of the Committee of Experts.

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