Excelsior Correspondent
SRINAGAR, Oct 18: The State High Court today directed the police to proceed ahead against a Member Legislative Council (MLC) for raising the construction in prohibited area of Dal lake.
The direction has been passed after the information about filing of FIR (bearing No. 95/2016 registered in police station Ram Munshi Bagh Srinagar) against the MLC has been provided to the court by the law officer of LAWDA through Advocate General of the State. “The concerned police station to proceed in accordance with law”, directed the Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey.
Meantime, the MLC through his advocate has filed undertaking in which he mentioned that he will not raise any construction on the site and shall abide by the rules and court directions.
Court made it clear that any breach of the court orders, statute and undertaking will be viewed seriously. “Appropriate action in accordance with law will be taken against the defaulters which include initiation of contempt proceedings against them”, DB warned.
About the issue of complaint filed by Enforcement Officer of LAWDA against Minister for Youth Services and Sports Imran Raza Ansari, Court has been assured by the Advocate General that the court direction in this connection will be complied within week’s time.
The AG further submitted that his office has not informed the Chief Secretary of the State about the court order and the compliance report in this behalf be filed within one week before the Registrar Judicial. Court also directed the enquiry judge to complete enquiry within five weeks thereof and submit report in a sealed cover to Registrar Judicial.
In other direction court sought show cause from Hotel Grand Palace as to why action for sealing the hotel be not taken for not complying with the court orders. The hotel was directed to replace the STP and in this connection PCB has also issued notice to the management of the hotel.
Court has been informed by the PCB that notice has been issued to the Management of the Hotel for replacement of STP and that till date STP has not been replaced by the Hotel Management. On failure of taking further action against the Hotel Management court directed Chairman and Secretary of the PCB to appear in person before the court on next date to explain as to why no further action against the Hotel has not been taken. These officials have also been directed to show cause as to why they shall not be proceeded against for violating the court orders and for committing misfeasance in the office.
In the meantime, Hotel Management has been directed to show cause as to why coercive action including sealing of the Hotel will not be taken against them and court directed the management of the Hotel to reply within two weeks about the issue.
Court has been informed that the physical demarcation of 200 meters of zone from the periphery of Dal and Nigeen lakes (prohibiting area for raising any kind of construction) has been started by excavation and progress of completion of the project shall be filed by filing status report before the next date of hearing.
In respect of vision document of the lake, court has been informed that the document will be received any time from now and it would be provided by IIT, Roorkee to the LAWDA soon. LAWDA in its status report has given details of 14 persons whose illegal constructions have been demolished by them. “LAWDA to file report of further action taken in accordance with law against these violators”, DB directed.
Court asked the amicus curie advocate Z A Shah to attend and participate in all the scheduled meetings of monitoring committee so that the Government will proceed further in the matter, more particularly for enacting the law for preservation of Dal lake and other water bodies. Court observed that the functioning of monitoring committee has become standstill because of non-participation of advocate Shah in the committee.
Court has been apprised about the development of Rakh-e-Arth (Shifting place of Dal dwellers). It is stated in the compliance report that the submission of tenders for the said site has been extended and further about the same be provided by filing of fresh compliance report before the next date.
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