HC directs for removal of encroachments in Wullar, bans constructions in vicinity

Excelsior Correspondent

Srinagar, Nov 5: The High Court has directed removal of all encroachments in the Wullar lake and also banned any constructional activity within 200 meters of periphery of the lake.
The directions were passed by the division bench of Chief Justice Gita Mittal and Justice Sanjay Dhar after having spot visit on boundaries of lake where garbage was dumped with impunity by the Local Municipal Committee.
When asked, the State counsel who was also present on the site, stated that the same was being done for want of land for dumping of the garbage. “We make it clear that this is no excuse for dumping the garbage within the identified boundaries of the Lake”, Court said.
Court directed that the authorities are bound to and shall ensure that no garbage at all is dumped within the boundaries or within such distance of the lake as is mandated by the law as well as the International and National protocols of the area.
During the visit, CJ’s attention was drawn to encroachments which have come up within the boundaries and on the banks of the Wular Lake. The DB in the regard directed the authorities to immediately take necessary steps for removal of the encroachments within the boundary and vicinity of lake and also directed that no construction activity shall be permitted or come up within 200 meters of the boundaries of the lake.
District Legal Services Authority Baramulla informed the bench that a Committee of officials of the Revenue Department, I&FC Department and the Forest Department have identified the land in Baramulla as well as in Sopore for creation of a Solid Waste landfill.
Court directed the authorities to undertake the awareness drive in the area to educate the people in devising the generation of work, solid and liquid waste as also preventing garbage dumping and littering of the area. District Legal Service Authority has been directed to facilitate such drives in coordination with the District Authorities.
Court has been informed that issue of setting of the lake is a huge problem and steps for dredging are being taken to ensure the Lake’s capacity. Court asked the Wular Conservation Management Authority (WUCMA) to identify the issue, the steps underway and discuss the same with the CoEs which have been appointed by the court for Dal Lake and seek guidance on such issues from the CoEs.
The WUCMA in its reply submitted before the court that Municipal Committee Sopore has illegally dumped municipal solid waste with the demarcated area of Wular Lake and also carried out unauthorized constructions in the said area.
WUCAM added that taking advantage of COVID-19 restrictions, the MC Sopore has started dumping solid waste in the Wular Lake which is in violation of Wetland (conservation & management) rules, 2017, High Court orders, National Green Tribunal Orders and Solid Waste Management Rules and taking cognizance of said violation by MC Sopore, WUCMA issued notice to Executive Officer of the said Committee to stop the illegal activity.
Court was hearing a PIL mentioning therein that with impunity and in violation of the rules governing the field, the garbage collected by the Municipal Council Sopore is being dumped on the banks of the lake causing grave harm to the ecology and environment of the water body by converting it into garbage site.
Central Auqaf Committee consisting of eight Auqaf committees of the area, filed the instant PIL seeking slew of directions to the Union Ministry of Environment, Forest and Climate Change, J&K Government and to Municipal Council for immediate removal of garbage dumped on the spot.