Excelsior Correspondent
Srinagar, Apr 5: The High Court today put an end the work of Committee of Experts (CoEs) who were appointed to oversee and supervise the affairs the development of Dal lake and directed the Lakes and Waterways Development Authority (LAWDA) to handle all the issues pertaining to the lake under the supervision of Advocate General of the UT.
The Division Bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul directed for disbanding of all such committees henceforth which were constituted and appointed on the directions of the court or else for the affairs of the lake.
The DB directed the Vice Chairman LAWDA to draw a complete scheme for the management and the development of the Dal as well as the area around it in co-association with the various departments and directed him to submit the same before the Court by the next date after supplying the copy of the same to the Amicus Curiae and other parties concerned.
The Vice Chairman, court directed to survey and prepare a list of all the drains that are flowing into the Dal and to take immediate steps that the drain water and the effluents are not discharged into the Dal and proper arrangements are made by the Department concerned for the treatment of the sewage or the drain water in sufficient number of plants established at proper places. “An exercise may also be undertaken to find out if the waste material from any houseboat is being discharged into the lake and if so, to take measures to stop it or to divert it to some alternative place”, read the direction.
Court also observed that one Amicus Curiae Zaffar Shah, Senior Counsel is sufficient to assist the Court and permitted him to have the assistance of any one of his colleagues, if necessary. “In case there is any other person appointed as an Amicus Curiae in this litigation his appointment would be treated to have come to an end with immediate effect”, read the order.
These directions were passed after the court found that the various Committees which have been formed earlier are not of much use at present and that when a development authority has especially been created and established for the purpose the entire responsibility, court said, should be shifted upon it and the authority (LAWDA) alone should be allowed to work out a broad scheme for solving all the problems as highlighted above in connection with the Dal.
Court at the very outset of the case observed that ever since the initiation of the proceedings, various orders have been passed and even Committees have been appointed to supervise the cleaning and upkeep of the lakes, especially the Dal and the responsibilities on Tourism Department vis a vis the development of the tourist and recreational spots; responsibilities of Lakes and Waterways Development Authorities (LAWDA) as well as the Srinagar Municipal Corporation, concerning the area around the Dal, its maintenance and creation of public facilities; management of problems concerning house boats and their owners; removal of unauthorized constructions and stoppage of encroachments on the area of the Dal; and identification and development of the rehabilitation Locations were fixed.
The Vice Chairman, who was present in the court on court directions, emphasized that taking care of weeds in the Dal lake is a top priority for which one weeding machine of the highest standard has been purchased but the authority requires, at least, one more machine for cleaning of the lake.
The LAWDA, court directed, should formulate a scheme for the development and the beautification of the Char Chinar and to ensure the security thereon. “Appropriate measures are also required to be taken for the traffic management in and around the Dal area, especially on the Boulevard Road and the Jetty at Nehru Park”, court said.
As there is already ban put by the court on any kind of construction within and around the peripheries of the lake, court today reiterated the said direction and asked that no construction activities in the Dal or in the area of the Dal or the prohibited area shall be permitted subject to the condition as may have been imposed from time to time and called for taking up removal of all the encroachments.
The Advocate General has been asked to supervise all the activities and exercise which is to be undertaken by the LAWDA and ensure that a proper scheme and the road map is presented before the Court by the next date.
With regard to the seizure of those vehicles which are found to be entered within the prohibited area of the lake with construction material court said, the Section 188 do not specifically provides for the seizure and therefore the seizure is only on account of the directions given by this Court in the present PIL.
Court entrusted the release of such vehicles to concerned Magistrate and directed that all such applications be filed before the concerned Magistrate who is dealing or is supposed to deal with the investigation pursuant to the relevant FIR.
Court has made it clear that such vehicles shall not be released without asking for security of Rs 50,000 in the case of first offence and Rs. one lakh in the case of second offence from the violator. Court said if such vehicle is found to be commission of offence for the third time, the vehicle shall not be released until and unless the final report is submitted and accepted.
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