Fayaz Bukhari
SRINAGAR, Jan 13: The State High Court today expressed displeasure over the functioning of Lakes and Waterways Development Authority (LAWDA) as they are ignoring the important projects meant for conservation of Dal lake despite availability of funds.
The division bench of the High Court said that important Dal projects are being ignored by LAWDA despite sufficient funds being available for their implementation. ”Had commissioners (Court Commissioners) not inspected the STP, their status would not have been brought to our notice. In the said background VC LAWDA was directed to prepare Detailed Project Report (DPR) for establishing new STP at Telbal and upgrading existing STPs. Nothing worth the name has been done till date. We disapprove mode and manner in which important components of Dal project are being ignored, notwithstanding sufficient funds made available to authorities”, court said.
Court said the status report filed by LAWDA is lacking in essential details as regards implementation of Rakh-e-Arath development project. Previously LAWDA would project scarcity of funds as a reason for its inability to go ahead with the project. “Now that enough funds have been released and proposal to make part of funds available for acquisition of structures within Lake area, also under consideration of State Government, it remains to be known as to what stands in way of LAWDA to speed up work on the project”, reads the order and court sought status report explaining delay and present status of project by next date of hearing.
Court after expressing great displeasure over the act of LAWDA and other stake holders sought compliance report from them with regard to acquisition of structures, establishments of STPs, installation of CCTV cameras, development of Rakh-e-Arath; retrieval of land after acquisition with Lake area and added to water expanse in famous Dal Lake and directed Vigilance Organization to conclude the preliminary enquiry against those LAWDA officials who are alleged to have accumulated the funds by illegal means.
Court after going through the compliance reports of various departments including LAWDA said that despite clear directions, court orders are not being complied with and sought comprehensive report from LAWDA before the next date in the matter.
“We are constrained to notice with pain that directions though issued with sufficient clarity well in time are not being complied and status reports filed in advance with copy to learned Amicus Curie. LAWDA ought to have come up with comprehensive report well before the date fixed and furnish copy in advance to Amicus Curie. Such practice is disapproved and is expected to be not repeated in future”, Division Bench directed.
Court further directed that as the matter has to come up after ensuring vacation, LAWDA is to have more than six weeks to comply with directions and report compliance of all directions issued and status of all projects at present being executed by different agencies. These projects include acquisition of structures, establishments of STPs, development of Rakh-e-Arath; reclamation of land after acquisition with Lake area and added to water expanse.
“With regard to accumulation of disproportionate assets by the officers responsible to utilize released funds, preliminary enquiry is yet to gain momentum. With Human resources available with vigilance organization, it is not difficult for the organization to conclude preliminary enquiry, so that action warranted on conclusion of enquiry is taken with due dispatch.”
Court directed the Vigilance Organization to file the comprehensive report regarding cases registered as also preliminary enquiry initiated before next date of hearing.
Court appreciated the role played by Court Commissioners in identifying illegal construction or being raised within Lake and prohibited area around the Lake. “It is only due to their inputs that effective directions have been passed on different aspects and alleged illegal constructions sealed. The action taken is likely to prevent potential violators from proceeding with their illegal designs”, court said.
It said the LAWDA is expected to extend all facilities to the Court Vigilance Commissioners, so that they are in a position to carry out their mandate. It has also been brought to the notice of the court that vehicle provided to Court Vigilance Commissioners are not road worthy and dependable and it has been returned to the department.
“Director State Motor Garages Department shall provide dependable vehicle, preferably 2014/2015 make, to Court Vigilance Commissioners”, court said adding with: “The mandate carried out by Court Vigilance Commissioners in compliance of directions issued from time to time makes them vulnerable and exposed to risk to life” and directed IGP Kashmir to provide adequate security to Court Vigilance Commissioners and report compliance by next date of hearing.
About the amount initially sanctioned under NLCP by Government of India which according to amicus and curie, senior advocate Z A Shah, may not be sufficient to complete the projects approved by Ministry of Environment, Forests and Climate Change, National River Conservation Directorate and the project cost in each case needs to be revised.
Advocate Makroo, ASGI had volunteered to come up with his response. However, response has not been filed. “Let response be filed by next date of hearing”, Court said.
Court also noticed that no steps have been taken for establishment of CCTV cameras on entry points of the Lake as on previous date of hearing, an assurance was extended by Advocate General that 4 CCTVs would be established by police department at four entry points where from construction material is usually transported to the lake area so that it is made impossible for those keen to violate law to go ahead with their nefarious designs and raise illegal constructions.
Court showed its disapproval and displeasure about the absence of Vice Chairman LAWDA, Collector LAWDA, other responsible officers of the Authority and Housing and Urban Development Department as they were directed to be present in the court on hearing of the case.
“The reason for their absence, their participation in the meeting at Jammu, does not sound convincing. It was bounden duty of the Vice Chairman LAWDA to bring it to the notice of Commissioner/Secretary HU&DD that he and other officers of the authority were required to be present in the court today with the compliance reports expected to apprise the court about the steps taken towards compliance of various directions passed from time to time and that the meeting was to be differed or if already fixed to be rescheduled”, court order reads.
The court censured the Vice Chairman LAWDA with the observation that he (VC) instead has preferred to make use of the proposed meeting at Civil Secretariat Jammu to leave Srinagar with other officers of the Authority a few days ahead of the meeting to avoid responding to the queries expected to be raised in wake of non-compliance of directions issued on previous date of hearing and on the date there before.
“We hope that lapse would not be repeated in future and the Bench compelled to take coercive measures for compliance of the court directions or to ensure personal appearance of the officers including Commissioner Secretary HU&DD”, court observed.
The bench sought explanation from the Inspector General of Police with regard to construction of a hut as reported by Court Vigilance Commissioners in violation of directions of this Court as also Master Plan 2001-2021 in force as on date. “Though the report and photographs attached to the report would indicate that hut has been demolished by Department on its own, yet Inspector General required to explain circumstances in which hut constructed, oblivious, to Court directions and mandate of Building control Operation Act. Such explanation be filed by next date of hearing”, Division Bench said.
Court has also been informed that Srinagar Municipal Corporation is reported to have a structure in front of Harwan Garden on State Land that too without permission from LAWDA and in violation of directions of this Court Commissioner and in this connection court directed SMC to explain alleged violation of law and directed the said structure be sealed. “Show cause notice be issued to erring officials who exhibited negligence in discharging of their duties and action taken against such erring officials be reported by next date of hearing”, court directed.
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