Fayaz Bukhari
SRINAGAR, Oct 31: Jammu and Kashmir High Court today directed the Government to attach the officers of Enforcement Wing of Lakes and Waterways Development Authority (LAWDA) for their failure to remove illegal constructions in and around Dal Lake and conduct a full-fledged inquiry against all LAWDA officials into misuse of office and accumulation of assets by illegal means.
The Division Bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi directed Commissioner Vigilance Organization to conduct inquiry into misuse of office and accumulation of assets by the officials of LAWDA.
“Commissioner Vigilance Organization shall constitute a special team of at least two to three senior officers of the organization to conduct a full-fledged enquiry into allegations of misuse of office/accumulation of assets disproportionate to known sources of income by officers/officials of LAWDA and submit report about progress of enquiry by next date of hearing”, court directed.
Court, while observing that illegal constructions were raised without permission and in violation of Master Plan, directed Commissioner Secretary Housing and Urban Development Department to attach those officers of Enforcement Wing of LAWDA who failed to remove illegal constructions within their jurisdiction and replace these officers by a team of honest and dedicated officers at the disposal of Authority.
Court also said that disciplinary action be initiated and case under Prevention of Corruption be also registered with Vigilance Organization against erring officials.
The Vigilance Commissioners of Jammu and Kashmir High Court in their report have stated that funds which were sanctioned and allotted from time to time for preservation of Dal Lake and its adjoining areas have not been used for the said purpose. “….these funds instead have found way into pockets of some of officers and officials engaged in implementation of the projects. Some of officers of LAWDA are said to have accumulated wealth at the cost of Dal Lake and its ecosystem”, says the report of Commissioners.
Court further added that the authorities (LAWDA) have been from time to time directed to seal and attach constructions which have been raised in contravention and violation of Master Plan or without permission or in violation of court orders in prohibited areas to serve purpose of preventing further constructions. “The authorities expected to be conscious that sealing and attaching of properties is not an end itself. The constructions raised in violation of Master Plan, without permission of competent authority, in violation of permission granted or in violation of court orders are to be demolished in accordance with rules. The authority, therefore, shall initiate action as warranted under law as regards construction in question and file compliance in this regard by next date of hearing as well”, court directed.
Court expressed its anguish and displeasure over the act of hand in glove of Enforcement Wing Officials with the encroachers and violators which have been brought to notice of the court as they are facilitating illegal constructions. “They by allowing such violations, that ordinarily having regard to plinth area of such constructions and place, where constructions have been raised, ordinarily would not have escaped attention of concerned authorities and could have been stopped well in time if the officers discharged duty with which they were saddled”, court observed.
Court further pulled up LAWDA Authorities with the observation: “They by their omission and commissions have conferred undue benefit on lawbreakers and their conduct prima facie amounts to misconduct as defined under Section 5 of JK PC Act”.
Court after perusal of status report of Court Vigilance Commissioners said it is shocking to note that Tahir Mir son of Ghulam Mohammad Mir and Ghulam Mohammad Mir son of Mohammad Jammal Mir both residents of Nigeen have raised massive construction with plinth area of 16,464 Sq Ft comprising 50 rooms and 4 big lobbies, within prohibited area. “Permission of December 2012 has been used as camouflage to raise massive construction against permitted construction of 2,144 square feet plinth area as such constructions has been raised eight times than permitted construction and also for purpose other than permitted (residential)”, court said and ordered sealing of entire construction forthwith and sought compliance of sealing by next date of hearing.
Compliance report of Secretary LAWDA indicates that illegal and unauthorized construction which the court in previous direction had directed to be sealed has been sealed except concrete structure at upper ground of Shrine near Nehru Park as the said structure has not been attached because of Muharram.
“Steps are yet to be taken to restore Ghat at Nawab Bagh. Further the concrete double storeyed structure comprising of 8 rooms, kitchen and bathrooms on the bank of Nageen Lake has not been attached as the concerned authority has merely locked front door, leaving backdoor open, so that structure is used by family”, court said and observed that this does not amount to compliance of court order.
“Owner of building who raised the structure in violation of Master Plan and court orders can not be allowed to be used merely because owner of building decides to use a part of it as his residence. By that logic action warranted under law cannot be taken against any structure or building which is raised in violation of law”, DB said.
Similarly ground floor of ‘Nigeen View’ restaurant raised on Mac’s Land is being permitted to be used by owner only because he is reported to have raised second floor over existing floor.
“We direct that both buildings be sealed irrespective of user of unauthorized premises or existence of ground floor and not at all permitted to be used by owners. The double storied building raised by Directorate of Indian System of Medicine (AYUSH) about which report is silent be also sealed and attached as already directed”, reads the order of the court.
Court observed that nothing significant has been done till date and sought compliance report by next date of hearing indicating therein steps taken for implementation of policy decision on ground with regard to removing encroachments, reclaiming land encroached upon, dredging, deweeding and shifting of Dal dwellers to Rakh Arth area.
Court also directed for filing of present status of Sewerage Treatment Plants (STPs), functional as on date with recent test of discharge from STPs, requirement of additional STPs and steps taken to improve the efficiency of functional STPs as the discharge of untreated urban runoffs and other effluents in Dal Lake has been all along a major concern.
Court further said that the status of other lakes like Anchar, Khushaal Sar and Brari Nambal Lagoon is of great concern as such directed the authorities to file report mentioning therein steps taken for preservation of these lakes and improving of water quality therein.
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