Excelsior Correspondent
SRINAGAR, July 18: For upholding the glory of world famous Dal Lake and its protection from all pollutions, High Court today directed the Government that Rs 5 crore be spent on de-weeding operations and smooth functioning of STPs installed in the lake.
The Division Bench comprising Chief Justice MM Kumar and Justice Hasnain Masoodi after hearing the amicus curie and senior advocate Zaffar Ahmad Shah and Advocate General of the State MI Qadri directed that Rs 5 crore from the “land acquisition” head should be diverted to “operations and maintenance” head so as to start de-weeding process and ensure functioning of STPs.
The Bench observed the status report filed by Shafat Noor Barlas who is holding the additional charge of VC LAWDA “is aimed at to find explanation that there is not European weed like Azolla”.
In this regard the court mentioned in its order that “we are not interested in finding out the nature of weed, which has engulfed the whole lake. But the fact is the wild growth of weed has to be removed.”
“The status report of VC LAWDA further indicates that Detailed Project Report (DPR) is being sent to Government for according technical and financial sanction and this according to AG would mature within four days”, BD observed.
VC LAWDA also stated that the funds under the head “Operations and Maintenance”(O&M) are not available. However, a sum of more than Rs. 83 crore is available under Head “land acquisition”.
After discussing the issue of diverting the funds from “Land Acquisition” to “Operations and Maintenance” Court gave the nod for Rs. 5 crore in order to tide over the situation of clearing weeds from the lake so that the deweeding operations and the operation of STPs do not come to standstill.
For implementing this order without any hindrance and bureaucratic command, the court observed “this order shall not be subject to any other bureaucratic booby traps and the diversion of the funds under the signature of VC LAWDA would be sufficient as any further delay would not be in the interest of maintaining the Lake and its beauty.”
“And the funds should be released as per the AG’s statement and compliance report be filed by coming Wednesday of this month which would be the next date of hearing of the PIL,” the Bench said.
Another issue regarding continuation of Irfan Yasin (former VC LAWDA) as VC LAWDA with the observation that association of other person who may shadow Yasin was taken up in terms of earlier order passed in Jammu Wing of this Court in order to serve the environment and maintain ecology of the Lake.
The court in March this year had directed that services of Yasin be retained at least for a period of six months in order to maintain the pace of development of the Lake.
The said order was challenged by the State before Supreme Court by way of SLP which was dismissed in June, 2014. “However the order of extending the tenure of the VC LAWDA has not yet seen light of the day”, observed the court.
Advocate General of the State submitted that the proposal in this connection has already been initiated by the GAD and it is under consideration of the Chief Minister and needful shall be done within four weeks.
However, amicus curie made submission that no concession should be shown to respondent State because there is no plausible explanation for the culpable delay caused in passing the order of extension. “We do not express any opinion on the aforesaid issue and keep the same pending,” the Bench said.
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