Fayaz Bukhari
SRINAGAR, May 16: The State High Court directed the Government to evolve a permanent mechanism for preservation of water bodies including Dal lake. It also directed the Government that the monitoring committee formed under its directions with Chief Secretary as its head should formulate mechanism in a week’s time.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey today observed that Government is fully responsible for shrinking of Dal lake and directed the Monitoring Committee to formulate a mechanism for preservation and protection of Dal lake and other water bodies and take call on this vital issue.
The court while hearing a PIL to save the world famous Dal lake from encroachments and pollutants directed the monitoring committee to evolve a permanent mechanism in saving the lake and other water bodies.
“The Monitoring Committee has to convene its meeting in the next week. The first issue to be considered by the committee shall be for evolving a permanent mechanism for preservation and protection of the Dal lake and other water bodies”, the court directed.
The Monitoring Committee has been constituted by the Government recently which is headed by the Chief Secretary of the State so that a permanent mechanism is devised for preserving and protecting the Dal lake and other water bodies.
Court observed that only committee has been constituted and no mechanism has been adopted and devised. AG submitted before the court that Government will come with a mechanism also after 15 days. “Dal Lake has shrunk and has been polluted and for all this Government is responsible, it is all of ours duty to protect and preserve it”, court pointed out towards AG.
It may be mentioned here that CS while appearing in person before the court on last date of hearing had informed the court that a committee (monitoring and oversee committee) would be constituted by issuing executive order which will be headed by him. He further had assured the court that State Government will not be found ‘lagging behind’ in taking all necessary steps in the light of observation made by the court for protecting the lake.
Court took the Government order under which the Monitoring Committee has been constituted on record and added that the said order provides that the Monitoring Committee shall monitor and oversee the implementation of this mechanism.
Court said that the previous court direction has been implemented in part, in as much as, the Monitoring Committee has been constituted. The most important feature of this action of the respondent-State is to devise a permanent mechanism for preserving and protecting Dal lake and other water bodies.
Court after the consent from senior advocate and amicus to the PIL, Zaffar Shah, to become the part of the monitoring committee sought assurance from the Advocate General of the State that corrigendum to the Government order will be issued and advocate Shah be included in as member of the committee.
“It is provided that besides including Mr. Shah as member of the Monitoring Committee, respondent-State would be at liberty to include any other authority or person whose presence in the said committee would be deemed necessary for taking of proper decision by the committee”, DB said.
Amicus submitted before the court that until such time there is a law enacted by the Government, through which a mechanism for preserving and protecting the lake and other water bodies is regulated, it may be difficult to achieve the purposes by any executive committee. He also added in his arguments that the Dal lake shall be presumed to be safe only when Chief Secretary and Advocate General to take a glass of water from the Lake for their drinking.
“We leave it to the monitoring committee, of which Mr. Shah learned amicus will be part now to take call on this vital issue”, court said to the submission of advocate Shah.
Court directed the committee to submit its report before the court about the deliberations made and decisions taken primarily aimed at evolving effective mechanism for saving the water bodies including Dal in next week’s meeting and ordered listing of the matter for further consideration on May 27.
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