Excelsior Correspondent
SRINAGAR, Apr 4: The High Court today suggested Government for the formation of Dal Lake Fund for the conservation of Dal lake.
The Division Bench of Justice Ramalingam Sudhakar and Justice Ali Mohammad Magrey today suggested the Government for forming non-profit trust like “Dal Lake Fund” for restoration and conservation of Dal lake.
“We further suggest the Monitoring Committee to consider and recommend to the Government as to whether non-profit trust can be formed like Dal Lake Fund. It can be given the task of restoration of the Dal. Fund for the said trust can be sourced from the Central as well as the State Governments from corporate who are willing to provide funds under the Corporate Social Responsibility (CSR) scheme”, Justice Lingam and Justice Magrey suggested.
Court said it has shared some thoughts those may be relevant to save the Dal lake. “It has come to our notice that various corporate have joined hands to safeguard the environment, the water, the agrarian land the forest the ecosystem etc. A group of private corporate with the guidance of the World Wildlife Fund have created a network called the India Water Stewardship Network (IWSN) which focuses on Good water governance, Sustainable water balance and Good water quality”, read the order.
Court suggested the authorities to provide the inputs for effective management of the water and the water-bodies in the State. Referring the organization which is functioning globally and it is called ‘Alliance for Water Stewardship’ (AWS). “They partner with World Wildlife fund and global leaders to ensure sustainable water management so as to benefit the global environment.”
Court said the World Wildlife Fund is also in conserving environment, nature and climate and suggested the committee that these organizations may also be consulted if found relevant to the task taken up by the committee for safeguarding the lake from further destruction.
Court directed the Government to react to its suggestions positively, made about the restoration of Dal lake in its original form apart from the steps already taken for saving the lake.
“These are the few suggestions that the Court would like to make so that global attention is diverted to the preservation of Dal lake. These suggestions may be considered in addition to the steps already taken by the State of J&K to restore the beauty of the Dal lake, the beauty and heritage of Jammu and the Kashmir Valley, considering the fact that it is one of the most favoured tourist destination”, court said and directed the monitoring committee and the state government to respond in a positive manner on these issues by next date (April 17) of hearing in the matter.
The school going children and students of various colleges, court said, can be asked to take part in community services programmes specifically focusing on a clean environment in and around the Dal lake. This will encourage good Samaritans to help saving the Dal Lake.
“Save Dal is the motto of the day” with this slogan court said, the instant Pubic Interest Litigation highlights the precarious condition of the Da lake, the beauty of Kashmir environmental degradation, pollution caused due to letting out of discharge by residential buildings of inhabitants, grown of weeds, discharge of toxic effluents has caused to the world famous water-body
It may be mentioned here that the court initiated proceedings in the PIL in the year 2002 and has been passed a number of orders from time to time for safeguarding the Dal from extinction. “By an earlier order of this court, a monitoring committee has been constituted inter alia on a mandate to arrest the pollution and damage caused due to the discharge of waste elements. To remove encroachment and to take steps to restore the beauty and pristine nature of Dal lake. There are many issues addressed by this court from time to time and the order are in volumes”, court added.
It has been stated before the court that the committee may co-opt any officer in its deliberation as special invitee. The committee shall devise a permanent mechanism for preserving and protecting the Dal lake. It shall monitor and oversee the implementation of this mechanism.
Many meetings have taken place but court said, many issues are yet to be resolved and some are under active consideration as is evident from the compliance report which will be dealt with in the later part of the order.
During the course proceedings, Vice Chairman LAWDA and amicus curie to the PIL Z A Shah referred to the vision document which has been prepared by IIT Roorkee. It related to several aspects of Dal lake conservation. They stated before the court that the said vision document will be considered by the scientific advisory committee and thereafter by the monitoring committee shortly and a decision will be taken as to how to proceed further in the matter.
Advocate Shah further submitted before the court that controlling and recycling of sewerage discharged by residential and commercial buildings is one of the serious issues that is causing damage to the Dal Lake. He stated that the existing Sewerage Treatment Plant (STP) is a not effectively functioning and it needs to be upgraded.
The cost factor, Shah said, is a serious issue that is hampering the decision making process. He submitted that a huge amount has been spent so far but yet the goal is nowhere near. The Committee is grappling with many issues big and small. He emphasized that a proper STP is the need of the hour and submitted that a Detailed Report (DPR) is required for effective implementation of STPs.
He also apprised the court about the earlier meetings of the monitoring committee and said the committee is yet to resolve as to the correct method to be adopted for arresting the sewerage and other waste reaching the Dal Lake.
It has also been submitted before the bench that the existing STPs are of older version and their up-gradation may entail substantial cost and suggested that a new and larger STP is required to be a established on a long time vision to recycle the discharge, residential and commercial, keeping in mind the population explosion Project and the growth of housing and commercial establishment.
“By taking note of various issues addressed by the learned Amicus and the Vice-Chairman LAWDA, who are part of the Monitoring Committee, the vision document submitted by the IIT Roorkee and the stand taken by the State through learned Advocate General, we are of the view that the Monitoring Committee in consultation with the Scientific Committee should evolve an action plan as to how restoration of Dal lake should be taken in a systematic manner”, DB directed after submissions made by amicus Shah.
The issues that need to be addressed, court said, should be prioritized so that serious issues or danger zones can be given precedence. The monitoring Committee may consider and segregate the work to different implementing groups for taking up the task as per the priority list.
“We leave it to the Monitoring Committee to devise a proper method as to how the issue will be addressed based on a priority list. The intention is to ensure restoration and preservation of Dal lake is done in a systematic manner and on a defined time frame”, read the order.
Court has also perused 15 decisions taken by the monitoring committee in its meeting held on February last year under the chairmanship of Chief Secretary of the State. With regard to creation of a new enactment for protection of water bodies court said the same is under serious consideration as the compliance report reveals.
With regard to decision of forming the Scientific advisory Committee, Court has been informed that New scientific advisory Committee has been formed
The decision regarding expeditious development of Rakh-e-Arth Colony. Court said the same requires serious consideration as it has been stated that there is no response to the NIT. “The Monitoring committee should in me meanwhile consider an alternative for resolving the issue”, Court directed.
Decision taken by the monitoring committed regarding arresting of sewer. “This issue has to be addressed on priority basis because we feel that it is necessary to ensure that the discharge of effluents and sewer by the inhabitants in and around the Dal Lake is one of the major contributing factor for the degradation of the Dal Lake”, read the order adding with “we would like to point out certain NGOs and other organizations may be consulted for technical experience. We emphasize the need for priority in respect of STPs considering the impact it has polluting the Dal lake”
To strengthen the Enforcement Wing of LAWDA as decided by the monitoring committee court in this regard said “We approve the initiative taken by the Monitoring Committee and action taken report. While providing for installation of CCTV cameras due regard should also be given to other forms of strengthening of the Enforcement Wing as may be suggested in the course of deliberations”.
Court with regard to the rehabilitation plan of Dal dwellers said that the Monitoring Committee to proceed with it in all earnestness as the action taken report speaks about the steps taken relating to this issue (development of Rakh-i-Arth) but we would call upon the Chief Secretary to impress upon the concerned authorities to be actively co-operative with the Monitoring Committee.
Court has taken the issue of deficiency of human resource in LAWDA very seriously and directed the Chief Secretary and the Monitoring Committee to consider it in order to have an effective result. “It is necessary that only the competent officers well-versed with the nuances of conservation and who will be able to give their fulltime attention to this issue should be posted in LAWDA”, court said and directed the Government to ensure that a full time Collector should be posted to complete the various pending proceedings for effective implementation of the orders passed by this Court.
“Similarly Executive Engineers or other officers who may be required for a purpose should be specifically posted. They should not be posted as ln-charge officer/ engineers etc”, court further directed.
About the four-laning of road along Boulevard the action taken report and the statement across the bar has been taken on record which reveals that the Government is seriously pursuing this issue. “We record the same”, court added and posted the matter for further adjudication on April 17.
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