Excelsior Correspondent
Srinagar, July 7: The High Court today came down heavily on authorities for their failure to implement the Court orders regarding the protection of world famous tourist resort Gulmarg and warned them of stern action in case they fail in future.
Court said that the officials are incompetent and failed to implement the court directions. It warned that it may affect their service career as court may pass adverse remarks to their Annual Confidential Reports (ACRs).
Court while expressing its serious concern for failure to get the orders of the court implemented on part of the officials, sought their personal appearance which include Secretary H&ME, Secretary Tourism, Managing Director Cable Car Corporation, Divisional Forest Officer (demarcation forest division Kashmir) as also Divisional Forest Officer Special Forest Division Tangmarg before the court on next date of hearing.
Court while granting further time to all the concerned authorities to update the court on various issue in Gulmarg warned them that in case court directions were flouted then it (court) would pass appropriate orders including contempt proceedings against them.
“We are making it clear at this stage that if the orders of this court are not complied with by the various authorities and officials, we would pass clear directions that inefficiency and disobedience would apart from contempt action be taken, we record it in the ACR so that their future career is also hampered and be placed in jeopardy”, Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey recorded in the order.
Court said that this direction has been passed because court noted that various directions given by it have been taken very lightly by the officials. “Of course some of the officers have complied with the orders in letter and spirit and those who did not comply have to be punished and we are making it very clear today so that on the later occasion they cannot say that they are not warned”, CJ and Justice Magrey observed.
Court at the very threshold enquired from Advocate General about the draft Master Plan for Gulmarg and court in this view has been informed that the Group of Ministers shall complete the proposal shortly as the said draft could not be considered because the Minister were involved in GST debate. Court after this submission made by the AG sought status report about Master Plan before next date of hearing.
In so far as functioning of STPs court has been informed that the STPs are functioning. “The SPCB shall be vigilant and whenever require shall take necessary follow up action”. The notice which has been issued to Hotel Zehgeer, has been handed over to counsel of hotel to respond the same within 15 days whereupon the SPCB has been directed to take appropriate action in accordance with law.
Court also directed the SPCB to continue to monitor the water quality at six spots on a monthly basis and place the report of the same before this court. The chart for the month of June has been filed and the chart for coming months will continue to be filed.
Court has been informed that the equipment for monitoring the air quality in Gulmarg shall be installed within a month. Advocate Tawhid Ahmad has been directed to file the report with regard to the pollution in Gulmarg on account of use of polythene bags, polythene bottles etc on next date.
Court directed the subordinates court falling under the jurisdiction of District court Barammulla not to pass any order pertaining to the directions given by this court in the matter. “It should be brought to the notice of the subordinate courts falling within the jurisdiction of district court Baramulla”, DB said.
Court has expressed its serious concern over the accident which has recently taken place in cable car (Gandola) which claimed 7 lives. Court said the loss of these precious lives cannot be compensated by any manner and held that it is negligence of Cable Car Corporation as the work is highly unsatisfactory.
Court has sought status report indicating there-in the safety measures taken and the recommendation made by the experts with regard to preventing any further accident taking place in the Cable Car operating Gulmarg, Kongdoori and Afarwat area. The full technical measures recommended by the experts shall be placed before this court.
It further added that status report shall also indicate the steps taken to the recommendations of experts. The MD Cable Car Corporation was present in the court and assured the court that till posts are sanctioned contractual arrangement shall be made to ensure that medical facility and first aid is available at Gulmarg-Kangdori and Afarwat if not in place. The same shall be place before the court on next date of hearing.
Court, in order to clearly identify the forest areas, said the demarcation of the same is necessary. It appears, court said, that slackness on part of several agencies and result of which the forest areas falling within the Gulmarg area are not being demarcated. “Consequently we require the presence of DFO (demarcation forest division Kashmir) as also DFO Special forest division Tangmarg to be present on next date of hearing.
As various issues, court said, are falling within the forest and wildlife as such court feel that the presence of regional wildlife warden therefore he be present on next date of hearing.
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