HC seeks LAWDA response

Excelsior Correspondent
SRINAGAR, Apr 26: The High Court today directed the Lakes and Waterways Development Authority (LAWDA) to respond to the Vigilance Commissioner’s report alleging series of encroachments and raising of structures in violation of provision of law and court orders.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey while hearing PIL on safeguarding of Dal lake in which Court Vigilance Commissioners have submitted a detailed report mentioning therein the series of violation in and around the lake, directed the LAWDA to file response to the said report.
Vigilance Commissioners have visited the lake on April 23 and while making inspection to various areas of the lake found violation of law as also to Court directions. Court directed LAWDA to also submit action taken report for these violations in view of the said report.
State Pollution Control Board, in its compliance report suggested that the monitoring of water quality of Lake and the STPs functional on its peripheries continues and in this behalf reports from time to time have been submitted and further will be submitted monthly.
PCB further stated that samples from seven more springs located on the periphery of the lake were collected. Report of the water quality and the position of springs have been mentioned in the compliance report.
It is in terms of previous order, it was noticed that the memorandum for the submission to the Cabinet for procuring equipments for de-weeding etc has been submitted to the competent authority on February 27 and after clearance same is stated to have been submitted to the Cabinet which, according to Vice Chairman, LAWDA, who was present in the Court, was considered by the Cabinet in its meeting held yesterday on 24.04.2018.
He added that a decision has been taken that the authority will make power point presentation about progress regarding preservation of Dal. Court said the same is totally unacceptable.
The power point presentation or any other action, court said, cannot be found fault with but keeping in view the timeline for procurement and utilization of equipments for de-weeding, non-acceptance of the memorandum submitted to the Cabinet by the competent authority is not in the interests of preservation of the Dal.
“It is on the scientific basis, a timeline was fixed for de-weeding in the month of April so that the weeding will not crop up beyond proportions. It appears that the date for next Cabinet meeting as yet has not been fixed, it may take time but as and when it meets, decision is expected to be taken on the memorandum of submission regarding procurement of equipments for de-weeding which procurement is unavoidable for the proper health of the Dal”, read the order.
Court said, it is quite strange that the matter has been deferred when the Chief Secretary, who is the Chairman of the Monitoring Committee, is well conversant with the requirement of procurement of equipments.
“Be that as it may, the matter requires immediate attention, therefore, memorandum of submission approved by the competent authority and already placed before the Cabinet shall be re-submitted by the competent authority so that appropriate decision in-keeping with the requirements is taken”, court directed.
In response to other direction, Scientific Advisory Committee is stated to have taken certain decisions which according to Vice Chairman, LAWDA, will be followed in letter and spirit.
“The Scientific Advisory Committee is under direction to meet once in two months, same shall be continued and latest status regarding decisions taken by the said Committee shall be filed after every two months before the Registrar Judicial of this Court”, Court directed.
In response to other direction, Court has been informed that 14 more springs located around Dal and Nigeen lakes, which too find their way into the lake waters, have been identified as Khaki Mohalla Habak-1, Khaki Mohalla Habak-1, Rishi Mohalla Habak, Rather Mohalla Habak-1, Rather Mohalla Habak-2, Drangibul Masjid Ishber, Wani Mohalla Ishber (near Dockyard), Kral Mohalla Ishber , Opposite Kashmir Mall-1(House of G. R. Bhat), Nishat Bagh-1   , Nishat Bagh-2 , Kwaja Yarbal-1, Kwaja Yarbal-2 and Bagwanpora (Mastal H. B)
Court sought status report from Vice Chairman, LAWDA indicating therein as to whether the position of the channels from the springs to the said Lakes is free from encroachment or not.
Court has also been informed that the Authority has allotted the contract for two High Power Aerators which are to be installed near Charchinari opposite SKICC and at Hazratbal Shrine and are expected to be completed within the specific contract period of 75 days.
Court has appreciated the efforts for awareness campaign by LAWDA and directed the Vice Chairman, LAWDA to intensify the awareness campaign by involving students under study in the schools located in the locations around Dal Lake and file latest status on the next date.
Court has been further apprised that the revised DPR has been examined and the technical approval has been received. The Urban Development Department on completion of other requisite formalities will release the entire amount for the Dole Demb Project.
In this regard, court has sought an affidavit from Secretary, Urban Development Department on the next date about the release of the said amount.
For regularization of staff of J&K LAWDA, Court has been informed the same is under active consideration and a final decision will be taken preferably within a period of one month and latest status be filed on the next date.

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