Excelsior Correspondent
Srinagar, Nov 28: High Court today directed the Government to consider the report made by Committee of Experts (CoE) on Dal and Nigeen lakes for implementation and asked the Chief Secretary of the Union Territory of J&K to interact with the CoE in order to urgent decision and resolving the issues pertaining to these lakes.
Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar while hearing the PIL on conservation and restoration of Dal and Nigeen lakes to their original restoration, directed the Secretary Tourism and Vice Chairman LAWDA to hold considered deliberations on all recommendations made by the Committee of Experts in their report.
“A considered view may be taken on the recommendations of the Committee of Experts which would include the policy with regard to the registration, de-registration and surrendering of boats”, the Court said and directed the report of CoE and the deliberations of the Secretary Tourism Department and Vice Chairman LAWDA shall be placed before the Chief Secretary.
The Chief Secretary has been asked to consider the same and ensure that a formal document is prepared and placed before the court on or before the next date of hearing. “Pending consideration of the recommendations of the Committee of Experts, given the fact that the Dal-Nigeen lakes is already overcrowded, the observations of the report have been examined by us in detail”, read the order.
It is the CoE which has recommended reduction of the number of houseboats and dongas. Court said, it shall be considered on the next date of hearing. “We direct all concerned authorities that the number of houseboats on Dal-Nigeen lakes shall not be permitted to be increased. The number of houseboats which have been given registration, shall not be increased in any manner”, Court directed.
It directed all the parties to ensure compliance with all orders made by the court and directions of the Committee of Experts. During the proceedings of the matter court has been informed that the Secretary, Housing and UEED are holding joining meetings with the Committee of Experts on video conferencing.
“We would request the Chief Secretary of the Union Territory to interact with the Committee of Experts so that all matters which requires urgent decision and need resolution so that they are resolved without any delay”, Court recorded.
After perusal of the report of CoE, court said, the observations made by the Committee of Experts is based on the fact that the houseboats and dongas are parked on the Dal lake without any fixed order and the gap between the boats is not uniform, some are moored cheek by jowl with barely 8 feet between the windows of adjoining houseboats.
This has occurred, court has been informed, because there have been no guidelines or policy for registration of the houseboats and no consideration about the optimum carrying capacity.
Court said, the Committee of Experts has made valuable suggestions which are premised on the willingness of several houseboat owners to sell their houseboats or to surrender the same in exchange of engagement with some hospitality business somewhere on the land.
The Committee of Experts has directed that the Tourism Department and LAWDA to hold detailed consultation with stakeholders and come up with such policy which would facilitate de-registration and even surrendering of houseboats.
Court recorded that the Dal lake is not only home for houseboats but also to dongas, shikaras, motor boats, bathing boats and other water-based carriers as such emphasized for comprehensive policy with regard to the registration of all these boats is required to be framed.
“We direct the Vice Chairman, LAWDA as well as the Commissioner / Secretary, Department of Tourism, to consider the several suggestions made by the Committee of Experts especially those contained in the report dated 20th November, 2019 on this issue”, the order said.
Court directed Commissioner/Secretary, Department of Tourism to place before it the specific guidelines regarding the registration of the houseboats. “There is an important matter regarding the transfer / retransfer of ownership and registration of the houseboats. This aspect shall be specifically considered by the prescribed authority and specific guidelines framed or to be formulated in respect of registration and incidental matters thereto shall be placed before us on or before the next date of hearing”, read the direction of the court.
In the special report, the Committee of Experts had made many valuable recommendations regarding restructuring of LAWDA. Court said these observations of the Committee showed that there is very little experience or expertise within the Organization (LAWDA) and the staff is mostly on deputation with no fixed tenure.
The Committee has suggested a Draft legislation to restructure LAWDA to make it into a compact, independent, professionally and a technically viable body, with clear role, responsibilities and accountability.
“These recommendations deserve to be brought to the notice of the competent authority and considered. Let this order be placed before the Chief Secretary for taking a considered view on the suggestions of the Committee of Experts”, Court said.
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