Fayaz Bukhari
SRINAGAR, Feb 28: Jammu and Kashmir High Court today observed that Commissioner of Srinagar Municipal Corporation (SMC), G N Qasba, may be prosecuted for filing wrong and vague reports before the Court and issued contempt notice to Deputy Commissioner’s of Kashmir division for not implementing Court order.
A Division Bench of the High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi during the course of proceedings and after perusal of the reports from various departments especially report of Commissioner SMC, G N Qasba, strongly observed: “Commissioner whatever stated is wrong. He may be prosecuted. All reports are absolutely vague. They (departments) are required to read law and directions of Court.”
The Bench made these observations while hearing a Public Interest Litigation (PIL) on protection, preservation and beautification of Dal lake and issues like illegal entry of polythene into the State, disposal of seized polythene, closure of units manufacturing polythene and polythene carry bags, spreading awareness about demerits of polythene, treatment of affluent discharged by hoteliers in the lake, rehabilitation of Dal dwellers and relocation of house boat owners.
HC directed all the stake holders that all the directions issued by the High Court right from day one must be complied with by all concerned. It also directed that detailed reports be filed so that this Public Interest Litigation may be taken to its logical end.
The Court also issued contempt of Court notice to Deputy Commissioner’s of 12 districts of Kashmir division for not implementing the Court orders on ban on use of polythene. “The DCs of 12 districts of Kashmir shall show cause as why proceedings of contempt of Court be not initiated against them on account of non compliance of directions issued by the Court on November 4 last year with regard to strict ban on use of polythene in their respective areas”, the Court directed.
The Bench directed the SKUAST and University of Kashmir to file their status report by answering the Court query along with their suggestions based on the research work of the University regarding the direction of Court. They were directed to give details about the damage caused to Dal lake by effluents that are discharged into it and suggest remedy.
About the working of STP installed at Brari-Nambal Lagoon, court observed that contradictory stand has been taken in the affidavit by SMC, Commissioner and Executive Engineer UEED that STP is functioning normally while as they have not been able to comply with the earlier direction issued by the court.
“It is beyond our comprehension to assess the functioning of STP”, observed the Court and directed the PCB to find out whether the treated effluent answers the parameters necessary for release of effluent into a river like Jhelum.
The Bench also directed Executive Engineer, UEED to explain the performance level achieved by the STPs after their repairs and steps for installation of new STPs to meet the Additional load and also explain the present load of the repaired STPs.
The Bench also directed VC LAWDA, Irfan Yaseen to comply with the earlier direction passed by the Court with regard to work in Dal lake and details of measurement of wet land on the outer side and inner side of the lake failing which he shall remain present in person.
Senior Advocate and Amicus, Z A Shah, expressed concern over the non-compliance of about 19 Court directions that have been issued by the Court since July 2002.
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