HC directs LCMA to consider Health Dept’s plea

Excelsior Correspondent
SRINAGAR, Aug 7: High Court directed the Lakes Conservation Management Authority (LCMA) to consider the plea of Health and Medical Education Department with regard to renovation and upgradation of health center to Sub-District Hospital situated within the peripheries of Dal Lake.
The division bench of Acting Chief Justice Tashi Rabstan and Justice Moksha Kazmi while allowing the application of Health Department seeking permission for extension and upgradation of existing health center to Sub-District Hospital directed the LCMA to consider the application within three weeks.
The H&ME department after denial from LCMA to carry out the necessary construction of the health center moved an application before the court seeking permission on behalf of the Department for upgradation and extension of the existing Health Centre to Sub-District Hospital at Hazratbal Srinagar.
The court in its order dated 3.9.2019 had said that the primary Health Centre already exists and the proposed upgradation is to cater to a large catchment area, it would appear in the interest of justice to permit the upgradation. However, it cannot be denied that the conservation and protection of Dal Lake has to be ensured even while undertaking the upgradation. This would be the duty of LAWDA to ensure that the permission which is proposed does not cause any detriment to the environment and existence of Dal Lake.
The counsel appearing for the aggrieved department stated that in compliance to the said court order, the department had approached LCMA but no decision was taken by the concerned authority and the LCMA has expressed its reservation for granting permission to the proposed renovations to be made by the applicant department in view of the ban on construction near the lake.
The applicant-counsel submitted that considerable expenses have been incurred and the executing agency has also expressed its concern as the workforce and equipment have remained idle resulting in significant financial loss to the department. Moreover, due to restrictions imposed by this Court, not only the patient care is suffering but also there is apprehension that the funds would lapse at the cost of public health.
The court has been informed that the Health Centre is already in dilapidated condition and is suffering for want of urgent repairs/upgradation so as to cater to the needs of the patients to its fullest capacity as such, immediate steps are required for upgradation/extension of the existing structure.
“It is directed that LCMA shall consider the application of the applicant department for the proposed extension/renovation which has been submitted by them in terms of order passed by this Court dated 03.09.2019. LCMA is further directed to decide the application of the applicant for extension/renovation within a period of three weeks’ from the date of issuance of this order”, DB directed.