Fayaz Bukhari
Srinagar, Nov 21: Jammu and Kashmir High Court today castigated the Government for slow pace of work and over release of funds to Lakes and Water Ways Development Authority (LAWDA) and directed the State Government to come with clear stand regarding ways and means for flow of fund to LAWDA for conservation and preservation of Dal lake.
The Division Bench of Justice Hasnain Masoodi and Justice Ali Mohammad Magrey directed the Commissioner Secretaries for Finance and Housing & Urban Development Departments to come up with vibrant position on flow of funds to LAWDA.
“The Commissioner Secretaries should come up with a definite stand on the date they appear, as regards ways and means to accelerate flow of fund so that the projects are completed within a reasonable time”,the DB directed.
Court while passing the direction said some main and important projects like shifting of Dal Dwellers, development of shifting place, development of Dole-demb area, shifting of House boats to the area are expected to play a key role in preservation of the lake. “But it appears to be a distant dream because of slow sanction and release of funds and it may take decades to complete the projects, with the present pace of funds”, court observed.
Counsel representing Centre, Assistant Solicitor General of India (ASGI) S A Makroo, stated that Rs15 crore out of Rs 40 crore as part of Rs 298.75 crore under National Lake Conservation Plan (NLCP) has been provided to State Government way back in July this year for its onward release to LAWDA. He further added that the Central Government is ready to release remaining part of agreed amount, Rs 25 crore, once utilization certificate is submitted.
Amicus Curie to the PIL, senior Advocate Z A Shah, pointed out before the court that initially project cost of Rs 298.75 crore under NLCP may have to be revised in view of current realities and present status of the lake and Central as well as State Governments required to sanction the amount beyond the amount which has been fixed, so that the projects to preserve the lake is accomplished.
Court with these suggestions directed the union counsel to come up with the stand of Ministry of Environment, Forests and Climate Change, National River Conservation Directorate with regard to revision of allocations for preservation of lake on next date of hearing.
Court also directed the State Government to furnish information with regard to possibility of earmarking a reasonable amount out of Rs 2000 crore recently released as part of Rs 80,000crore package, to Tourism Department, for preservation of Dal lake for completion of projects in hand and installation of proposed STPs.
Court also directed for sealing and attaching of structures identified by the Court Vigilance Commissioners in its latest report and directed the law enforcing agencies (SP and SHO concerned) to extend necessary cooperation to the officers for implementation of order.
Court directed the Director General of Police to take decision regarding installation of CCTVs by next date of hearing as reported to be lying on his table as the Inspector General of Police in his report mentions that a proposal for installing CCTVs is pending consideration of DGP.
Inspector General of Police has been directed to ensure that nakas are made functional and movement of building material to lake area effectively stopped.
Court asked the Commissioner Vigilance to constitute a separate team to look into the allegations of disproportionate assets and file its compliance report indicating therein what steps have been taken for the said purpose.
Court sought report from VC LAWDA in a tabulated form detailing therein all the projects in progress undertaken of LAWDA showing therein estimated cost, status, amount spent and funds required as also the projects in pipeline and their status.
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