Excelsior Correspondent
SRINAGAR, Apr 6: The State High Court today expressed its displeasure over non-appearance of Chief Secretary and other three Commissioner Secretaries before the Court and directed them to be present before the court on next date of hearing to avoid any kind of harsh orders against them.
While turning down the applications seeking exemption from their personal appearance, court said: “We are not satisfied with the grounds taken in the application for seeking exemption.”
Court said that the petition on Dal lake has taken lot of public time and till date desired results have not been attained and this court cannot afford to keep this petition alive for all times to come. “The court would have initiated action in accordance with law against these authorities, but in view of request of Learned Sr. AAG, we defer at this stage initiation of proceedings against them”, reads the order.
Court while expressing its anguish observed that all the Constitutional, statutory and administrative authorities are servants of laws. “All laws are made and instituted/created for securing the overall benefits of the people”, Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey, said.
Court in its last order had directed Chief Secretary of the State, Commissioner/Secretary Housing and Urban Development Department, Commissioner/ Secretary Tourism Department and Commissioner/Secretary Finance & Planning to remain present before the court on next date to settle the issues and problems which are faced by LAWDA and other concerned authorities to save the Lake from encroachments and pollutants.
Court made these observations during hearing of PIL seeking protection, preservation and conservation of world famous Dal Lake as a large portion of the lake has been encroached upon by the land mafia and all pollutants are being thrown to the lake.
Court with regard to the proper functioning of STP’s directed that it shall be ensured that the STP’s are brought to the level where it maintains the prescribed norms. “Pollution Control Board by the end of this week to take fresh samples from all STP’s and submit fresh report before the next date”, court directed.
Meanwhile, court has been apprised by PCB that the samples collected from Hotel Centaur Lake view were found as per the prescribed norms. However, about the STP’s at SKIMS institute, the PCB says that Bio-Chemical Oxygen demand was found in excess than the prescribed limits. Court has also been informed by PCB about the excess limit of Bio-Chemical oxygen by Hotel Grand Palace.
Court directed the PCB to recollect the samples from the said Hotel as also from SKIMS and submit the report of samples before next date of hearing which the court fixed on April 16.
Amicus Curie to the PIL Senior Advocate Z A Shah informed the court that court had directed for retention of AEE for some more time in LAWDA but Commissioner Secretary H&UDD despite court direction relieved the said official from LAWDA.
“Before we order for framing of Rule against said Commissioner, we give him opportunity to rectify his action of relieving the aforesaid Engineer from LAWDA and file his report with regard to the said issue by next date”, court directed.
Union counsel S A Makroo submitted Joint Secretary Ministry of Tourism and culture could not appear before the court today as he was directed, because he has received information about the earlier court direction late. “The said authority shall remain present on next date”, court said.
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