Excelsior Correspondent
SRINAGAR, Feb 2: The State High Court today initiated contempt of court proceedings against Chairman and Secretary of the Pollution Control Board (PCB) for not obeying court orders regarding analyses of the discharge added to Dal lake through STPs.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey today initiated contempt proceedings against Chairman and Secretary of the PCB for failing to file status report and asked the registry to frame rule against these officials.
Court said that the issue is of considerable public importance and they (PCB) have not filed status report as they were directed. “It, prima facie, appears that the authorities of the J&K Pollution Control Board which includes Chairman and Secretary have deliberately and intentionally violated the aforesaid court directions, in as much as they have shown complete non compliance of the same”, court order reads.
Court said that in such situation it is left with no option but to initiate contempt proceedings against these officials. It also directed the PCB officials to be present before the court on next date and show their cause as to why they shall not be punished for committing contempt of court.
Court had earlier directed PCB to check and analyze discharge added to the Lake through STPs installed at various places around the Lake after every two weeks and submit the report in this regard without default.
Court after framing rule against the PCB officials also directed the Chief Secretary of the State to shift those officers from the board who are not performing their duties. “The State Government through Chief Secretary is directed to consider shifting of such officers form the J&K Pollution Control Board who do not discharge their duties and also prima facie violate the court orders”, court directed and sought action taken report from Chief Secretary by way of filing detailed affidavit within two weeks period.
The High Court pulled Lakes and Waterways Development Authority, State Pollution Control Board, Srinagar Municipal Corporation and Enforcement Wing of LAWDA for their failure in discharging their duties in saving the Lake from encroachments and pollution and warned deterrent action against them.
Court also pulled up Municipal authorities for not taking action against the violators on its own within the purview of rules and regulation governing the field but are waiting for court orders. “SMC are not using laws to seal the constructions on its own, instead they are waiting for court orders” court said. “Police, LAWDA and Land mafia are in league and connivance with each others, constructions will not stop unless you (LAWDA, Police and SMC) do not act as deterrent “, bench observed.
Court also heavily came down on head of enforcement wing of LAWDA for failing to stop a single illegal construction during his tenure in enforcement wing. “You have turned the lake into industry and amassed huge assets. Same deterrent action is required to be taken against you people also”, court observed.
The DySP submitted before the court that one illegal construction has come up during his 7 month tenure in enforcement wing. Court with this submission heavily came down on him and warned him that court will seal his own residential house as he failed to stop a single illegal construction.
“The admission of the enforcement officer of LAWDA is prima facie sufficient to indict him. He has allowed the structure to come up and no steps were taken to stop raising the structure”, court order reads.
Court during the proceedings also enquired about the original area of the Lake and amicus curie to the PIL senior advocate Z A Shah informed the court that it was 50 square kilometers and at present it is only 13.5 Sq Km but on the other hand VC LAWDA, Sarmand Hafeez, submitted that according to Sir Walter Lawrence in the year 1895 its original area was 25.7 square kilometer and as per the recent satellite imaginary survey it is the exact area of the lake.
“Steps have to be taken for not only removing the encroachments but to prevent further shrinking of the Dal Lake. Deterrent action would be taken against the officials and all those persons involved in raising constructions which would include the owner of the structure as well”, court said.
Meanwhile, court has been informed that four CCTV cameras have been installed on four entry points and all four CCTV cameras are said to be functional.
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