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| DB passes orders for preservation of Dal, Nigeen Lakes | | | Srinagar, October 16 –Divisional Bench of State High Court of Jammu and Kashmir with Chief Justice Mr. Justice B. A. Khan and Mr. Justice Bashir A. Kirmani, in the PIL titled “Syed Iqbal Tahir Geelani v/s State and others” has ordered as under:
“LAWDA Vice Chairperson shall issue a public notice (which will be in continuation of the individual notices issued to all occupants/owners) in all these categories through both print and electronic media four days from today, informing them of the final Court hearing being granted to them on 02.11.2006. to consider their responses/objections, if any before any consequential orders are passed and also to arrange their representation before the Court through counsel or otherwise. They shall be also informed that if they did not want to avail of this hearing they could on their own remove their illegal and unauthorized encroachments, if they so choose, to avoid any coercive action.
Several complaints have been received about the unabated illegal encroachments in the areas falling within the Dal and Nageen lakes under the nose of the LAWDA authorities and about the arbitrary manner in which this problem and the grant of building permissions and the demolitions were being undertaken in the absence of any demarcated boundaries of the two lakes by them. All this was thriving and becoming a tool of exploitation resulting in manifold suffering and hardship to the people. It is frustrating that demarcation and determination of the territorial limits of the two lakes not to speak that of the LAWDA should have been overlooked and given a go-by so far. The result is that it has facilitated illegal encroachment and trespass in these areas and has also hampered any bonafide and all efforts at conservation of these lakes. It therefore becomes necessary to undertake demarcation of territorial limits of two lakes and the fencing/walling of the delineated area to ensure the effective implementation of various schemes aimed at rescuing the two lakes.
The Divisional Commissioner Kashmir is, accordingly, directed to set up a special team of the revenue officers for conducting the much needed demarcation of the Dal and Nageen lakes to determine the areas falling under these and also within the jurisdiction of LAWDA. This team shall be set up within one week from today and the demarcation completed within one month and a report submitted to this Court and the Chief Secretary for further necessary action.
LAWDA Vice Chairperson shall simultaneously cause rough estimates and plans made for the fencing/walling of delineated area and submit these before the Co-ordination committee which shall examine these and accord necessary sanctions/clearances in the matter. In case any financial problems are encountered in the process, it shall be permissible for the LAWDA Vice Chairperson to seek re-appropriation of any of its budget grants and to undertake the fencing/walling of the demarcated area within three months from the date sanctions/clearances are accorded by the concerned authorities as a follow up to the decisions of the Co-ordination Committee. It shall be for this committee to decide the type of fencing/walling to be raised to secure the demarcated area and also the executing agency, which may also involve any out sourcing of the work to ensure its speedy execution and completion.
There is a likelihood of any claims being set up by the interested people to thwart or resist this exercise of demarcation. Therefore, any person setting up any such claim shall be told to submit it to the Divisional Commissioner for determination of any entitlement/title and in all those cases where such entitlement is established, the claimant shall be paid compensation and his/her right to such compensation shall be under an obligation to pay it subject to its resource availability. But this shall not be allowed to come in the say of any demarcation or fencing/walling work undertaken in the area and any person putting up any resistance/obstruction, shall be dealt with under law. The Inspector General of Police is directed to make available any police assistance both to the revenue agency and the LAWDA authority, if requisitioned for this purpose.
It is expected that the Co-ordination Committee headed by Chief Secretary will accord necessary clearance/sanction to the fencing/walling plan in its next meeting and also decide on the execution of the work to be undertaken by any of its departments or out sourced and in both cases an endeavour shall be made to complete the work within four months from the date of sanction of the plans/estimates. Once it is done, it shall be the responsibility of the LAWDA Vice Chairperson and other functionaries to clear illegal encroachments within the area and to take steps to prevent any re-ccurence in the demarcated area, which shall be published through a public notice in both print and electronic media for the general information of the public.
Mr. Advocate General has brought to our notice that Government of India was funding the conservation and management plan of two lakes-Dal and Nageen, and there was no provision for any re-habilitation/re-settlement or any developmental programme in this project. He has also invited our attention to the correspondence between the Chief Minister and the Government of India on the subject. To us it appears a case of putting the cart before the horse. Because it is matter of common sense that no effort at conservation of that two lakes could bear fruit unless their main pollutant source i.e. their resident population was shifted out and resettled elsewhere. This would naturally involve a rehabilitation and a developmental programme to settle 10,000 families of the Dal Dwellers and an additional finance of an estimated Rs. 500 crores or so. It could, therefore, be reasonable to direct the Secretary Ministry of Environment and Secretary Ministry of Water Works to consider the representation/case of the state government and to grant the requisite funds to a reasonable extent. Till it is done, it shall be for the Vice Chairperson of LAWDA to seek re-appropriation of some funds from the conservation budget head to execute the works of urgent nature, on which would depend the success of the conservation programme.
By our earlier order the Forest Corporation was directed to undertake the second phase of the up-rooting of stems of the fallen trees in collaboration with LAWDA and also to undertaken the felling of trees in Baba Demb area. Non concrete steps have been taken so far in this behalf. Regional Manager (Legal) State Forest Corporation and also the Managing Director of this Corporation are directed to prepare a plan of action for taking out the roots of the felled trees in Dal and Nageen lake areas in consultation with the LAWDA Vice Chairperson.
It is alarming to discover that as many as 26 sewerage drains were flowing into the Dal and Nageen lakes, defeating all efforts at their conservation and cleaning. The problem has been partly taken care of by setting up 3 Sewerage Treatment Plants (STP’s) at Habak, Hazratbal and Lam. We are told that 3 more STP’s are in the pipeline. The Vice Chairperson LAWDA is, accordingly, directed to take immediate steps to finalize the contract for setting up these three STP’s.
We are informed that some civil courts are being approached by some to wriggle out of the rigor of the orders by this Court. All civil Courts are accordingly directed to carefully examine all suits/proceedings filed before them on the subject matter of these two lakes and to refer these to this Court for appropriate consideration to avoid any conflict of judicial orders in the process. |
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