Conservation of Dal lake
Excelsior Correspondent
SRINAGAR, Sept 27: High Court directed the recently constituted three member Expert Committee for the Dal lake to undertake a comprehensive review of the steps taken so far by the Monitoring Committee as well as the Vigilance Committee.
The Division Bench of Chief Justice Gita Mittal and Justice D S Thakur passed slew of directions with regard to all matters relating to the Dal Lake including the points noted by the Court in its order passed on September 10 and directed to assess their efficacy, adequacy and efficiency.
Court also added that the expert committee shall stand empowered to appoint any National or International Experts which they deem necessary to facilitate its task.
Court directed the Committee to examine any other issue opined by the experts appointed by it or which is revealed during the examination of the matter by the Committee essentially for improvement of the conditions in the Dal Lake and all persons in or surrounding the Dal Lake or dependent upon the Dal Lake in any manner.
Court has left it open for the Expert Committee to have meetings with the Vigilance Commissioners as well as the Monitoring Committee in order to evaluate the work which has been undertaken so far.
The Vigilance Commissioners and the members of the Monitoring Committee, court said shall render full cooperation to the Expert Committee.
The Expert Committee, court added, shall make recommendations with regard to steps for improvements, changes and alternatives of the measures underway as may be necessary and direct the implementation thereof and monitor execution till completion.
“Given the availability of electronic modes of communication, it shall be open for the members of the Committee to conduct inter & intra committee meetings utilizing video conferencing, skype or any other electronic mode of communication as well”, reads the order.
Members of the Committee are at liberty to appoint any person for affording secretarial assistance for each of them. The charges towards such secretarial assistance shall be fixed by the Committee and informed to the Chief Secretary.
“The members of the Committee at the outset shall be paid an initial amount of Rs.5 lakhs each towards reading and preparation charges and an amount of Rs. 1 lakh for each physical meeting conducted by them and Rs.50,000 for deliberations conducted using the electronic mode”, Court said.
About the physical inspections of the Lake or of any area is deemed necessary, Court said, each of the members of the Committee shall be paid sum of Rs.1.5 lakhs, for each inspection.
“In case any travel to a place beyond residence of the members of the Committee is required, the Chief Secretary shall ensure that boarding and lodging commensurate with that admissible to an officer of the rank of Secretary, Government of India, is arranged subject to the satisfaction of the Committee members”, court mentioned in the order.
Court directed Chief Secretary to order availability of proper meeting place for the members of the Committee in Srinagar, Delhi, Kerala or any other place desired by the Committee.
Court also directed the Committee of Experts to take steps for implementing all orders passed by this Court and directed the Chief Secretary of the State to ensure every facility to the Committee.
The terms of reference of the Committee of Experts are to ascertaining the status of the Dal Lake; ascertaining all measures required to be undertaken for its restoration, maintenance and preservation as well as all ancillary issues including securing the banks of the Dal Lake; re-settlement, relocation and rehabilitation of persons residing or carrying on business on its banks or in the Dal Lake (say in Houseboats etc.,) and their rehabilitation ;Drawing of strict time lines from issuance of NITs to completion of work and monitoring the execution.
Apart from these issues, Court has entrusted the committee to work on digital mapping of the Lake and land concerned with the project for placing before the Committee of Experts.
In So far as legal assistance in Delhi and Kerala is concerned, Court appointed Sanjay Jain, Senior Advocate Former Solicitor General, who would be assisted by Gautam Narayan, Advocate, as Amicus Curiae. “In the State of Jammu & Kashmir, A. H. Naik, Senior Advocate, assisted by Farah Bashir, Advocate, are appointed as Amicus Curiae, to assist the Committee”, court said.
Court has made it clear that violation to comply with or to ensure timelines directed by the Monitoring Committee shall be treated as violation of orders passed by this Court.
Court directed the State Government to prepare a list of the licenses which have been issued in favour of owners of hotels, houseboats and guest houses and place the list before the Expert Committee within two weeks from today.
Court directed the State authorities, for the time being, to withhold issuance of any further license towards these hotels, guest houses, houseboats till evaluation is received from the expert committee on these aspects.
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