Excelsior Correspondent
Srinagar, Aug 29: The High Court has observed that the monitoring of rehabilitation and relocation of Dal dwellers has been dismal and directed the Chief Secretary to appoint a Committee of Officers and the Nodal Department for making them responsible for entire rehabilitation process of work.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta while directing for Committee and Nodal Department for the purpose also directed for preparing the details of all necessary steps and the timelines within which the rehabilitation of the relocates from Dal lake will be completed.
“We directed the report placing the steps and the timelines shall be filed before the CoEs and before us on affidavit of the Senior Most Officer in the Committee appointed by the Chief Secretary before us within two weeks from today”, the DB further directed.
Court has also made it clear that any person who has occupied, reoccupied or made attempt to occupy the property which was vacated for the purpose of relocation, shall be held liable for violation of the orders passed by the court.
Court observed that no specific Government Department which is looking at the work of rehabilitation as also the holistic plan of relocation and rehabilitation has not been put in place and the entire exercise which the CoEs is undertaking would be brought to a naught if the aspect of relocation is not efficiently and urgently addressed.
Meantime court has been informed that the houseboat owners are fully cooperating with the Department of Tourism and VC LAWDA is giving details of the Houseboats to the Directorate of Tourism in which the hull bio-digesters have to be installed and the department has forwarded the names to the VC LAWDA. Eight Hul based Bio-digesters have been received from one of the BoT of DRDO with whom the order was placed.
Court has also been informed by the VC LAWDA that the Draft Tourism Policy has been received which is under consideration by LAWDA and the same shall be furnished to CoEs also. “The reports filed before us shows that very important steps stand taken with regard to the completion of the marking of boundaries of the Dal lake, the Drone Survey which is almost completed, commencement of installation of bio-digesters on houseboats, procurement of efficient de-weeding Machines”, Court said.
With regard to delay on account of land acquisition and other issues, court said, the report filed in this regard has pointed out causing delay in taking measures for addressing the flow of untreated sewage into the Dal lake and the issue of severe delay in the rehabilitation process.
This is on account of the delay in completion of the land acquisition proceedings including litigation which is stated to be pending before the District Court Srinagar. The delay, court said, in completing the acquisition has also impeded laying of trunk sewer lines and setting up of STP.
Court directed the Collector, LAWDA to prepare complete details of delay in acquisition proceedings which have been initiated and are pending at his level as also complete details of land acquisition cases including details of courts and their next date of hearing. These details court directed shall be furnished by the Principal District Judge, Srinagar.
Court also directed that cases involving any aspect of acquisition of land which is required for any Dal lake related matter, including rehabilitation project shall be proceeded on basis of day to day hearing, unless the same has to be adjourned for longer period for reasons which shall be recorded by the court concerned.
Court has held Principal District Judge Srinagar being Nodal Officer responsible for ensuring that this order is communicated to all courts and also monitor the proceedings in this regard. “PDJ shall also take steps for consolidation of all matter relating to Dal lake in one court to ensure that there is no conflict of judgment and the cases are decided expeditiously”, DB directed.
Land issue submitted by one of the CoEs in shape of report under the note ‘Special Note on land issues in and around the Dal-Nigeen lake’ details out several complaints and points out significant aspects relating to land issues in Kashmir in general and more particular in Dal-Nigeen lake area.
The reports said it is due to poor history of professionalism in land administration and contradictory laws especially while dealing with Dal related issues and ignorance of land laws even of the J&K Water Resources Act 2010 resulting into illegal provision of compensation for the over watery land within the Dal lake.
Member of the CoEs has put some suggestion in his report which the court said are required to be examined and directed the VC LAWDA to place a special note and a copy of this order before the Chief Secretary of J&K UT for consideration and sought Action Taken Report by next date from the CS on this issue.
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