Fayaz Bukhari
Srinagar, Oct 17: Jammu and Kashmir High Court today directed the Lakes and Water Ways Development Authority (LAWDA) to attach all the structures and buildings constructed in violation of Master Plan and court orders in and around the Dal lake.
The Division Bench of the High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi directed the LAWDA to attach all these structures and buildings raised in violation of Master Plan and court orders in and around the lake.
“We in the said backdrop, direct respondent Authority (LAWDA) to attach all the above mentioned structures and buildings raised in violation of Master Plan, directions of this court, or beyond the permission”, the court said.
Court also directed that action after attachment be initiated against such constructions as warranted under rules and sought further compliance from the authorities in this regard by next date of hearing.
Court directed SP East Srinagar and SHOs of all concerned Police Stations to extend cooperation to the authority (LAWDA) to ensure without any delay implementation of directions.
The direction on attachments of properties has been passed in context of report filed by two member Court Vigilance Commissioners. The court descried the report as shocking and said it indicates that various constructions have been raised unauthorizedly in violation of Master Plan as also against the court orders.
Report gives the details of illegal and unauthorized constructions and mentions that one Hut constructed at Bahraar area of Nigeen lake by one Rouf Ahmad Shangloo, owner of House Boat New Mavis; concrete double storied Guest House comprising 8 rooms with kitchen and bathroom on the banks of lake; construction of a restaurant on island named as Mac’s Island and Nigeen view resort at Nigeen Lake; construction of wooden structure by one Abdul Rashid Doonu owner of Floating Heaven House Boat; construction of a tin shed and concrete structure at upper compound of shrine near Nehru Park; Construction of a Commercial Complex owned by one Mohammad Tariq Reshi with the plinth area of more than 7000 Square feet; construction of a double storied structure by Directorate of Indian System of Medicine (ISM) on the banks near Dachigam.
Court has also been apprised about a Ghat at Nawa Bagh area of lake that has been unauthorizedly converted into parking place by earth filling a house boat under name ‘New Jaaklin’ illegally moored at the place. Court directed for immediate restoration of the Ghat. “Let LAWDA take necessary steps to restore the said Ghat to its original position and remove the houseboat so that it is used by general public without any hindrance”, reads the order.
Court also directed the authority which is empowered to grant permission for carriage of building material to lake area to specify the nature and quality of building material proposed to be transported as far as possible and avoid granting such permission for a period of exceeding one day.
“Permission for a period of more than one day is to leave room for its misuse. The permission should indicate the point from which entry is proposed to be make to lake area, the destination of the building material proposed to be transported, particulars of permission granted by building permission authority so that end use of building material is verified”, reads the order.
Court also made it clear that the permission should be preferably for one trip so that it is not misused and quantity of building material transported much more than covered under the permission.
Court also mentioned that in case unauthorized construction is demolished then immediate steps be taken to remove the demolished material from the spot so that it is not reused for reconstruction or raising any other construction.
“The authority shall also take steps to identify 200 meters around the lake area by installing identifying marks like signboards, cement and iron polls so that general public is made aware of extent of ‘No Construction Zone around the Lake area and possibility of any violation is ruled out”, reads the court order.
Court observed that status report of Inspector General of Police Kashmir does not indicate whether check-points have been established at all entry points to prevent transportation of building material to the lake area. “Let such check-points be set up within one week and compliance be filed by next hearing”, court said.
Court directed the Senior Superintendent of Police is authorized to grant permission for carriage of building material to the lake area provide copies of permission orders to Commissioners so that on a test check basis they visit the destination of such material to find out its authenticity.
About the shifting of House Boats to Dole Demb area, Court hoped that first batch of 76 house boats would be shifted to Dole Demb area as per schedule fixed. Advocate General of the State through status report submitted that important steps have been taken to make Dole Demb project a reality and the project stands approved by the Planning and Development Department as also by the Finance Department and it will be placed before the Cabinet shortly for final approval.
“Let the matter be placed before the Cabinet in its next meeting so that final approval is accorded before the adjourned date and compliance reported accordingly and shifting schedule with particulars of houseboats be published in a local daily immediately after the project finds approval of the Cabinet”, court said.
A proposal of installing CCTV cameras at appropriate places around the Lake area to check the transportation of unauthorized building material is under consideration with the Police Department. Court in this regard said that decision of installing CCTV cameras at identified places be taken well before next date of hearing in the matter.
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