In the much publicized Public Interest Litigation on protections and restoration of Dal lake to its original position, a Division Bench of J&K High Court comprising Chief Justice Gita Mittal and Justice Sanjay Dhar directed VC, Lawda to ensure that the recommendation made by the CoE are implemented in letter and spirit. The Committee of Experts recommended that any work of repair should ensure that the area of the island park remains limited to the existing status with no addition whatsoever. It was also recommended by the COE that the VC shall also ensure that the cadastral boundary of the park is clearly marked on the map and on the ground and it shall also be ensured that the toilet in the park does not release any effluent into the Lake that is beyond acceptable limits and also the Frequent and regular test of effluent will be carried out by SPCB and Lawda and VC, Lawda shall ensure that all construction debris will be removed by the concerned agency and no remnants left in the Lake. “
Division Bench after carefully perusal the report of the COE and the minutes dated 20th June, 2020. Almost four months have passed since the visit of the Committee. It is, therefore, essential to have the latest report with regard to the issues pointed out. DB observed that in their visit and minutes, the issues noted by the Committee are Stop sewage and polluted water flowing into the lake, Pollution from House Boats, Boundary Demarcation, Protection of Catchment Areas, Relocation and Rehabilitation of Encroachments and Title-holders from the Lake area, Floating Gardens to be removed, De-weeding and disposal of weeds, Management of solid waste, Dredging of the Lake, Direction of HC regarding video graph and photograph and Petitions received for renovation/ repair/ reconstruction.
DB further observed that apart from the above, the Committee of Experts has also noted Tourism issues, Managing Houseboats, Refurbishment Work for STPs and State Pollution Control Board.DB also directed to Secy Royal Spring Golf Course to strictly followed the commendations and directions of the Committee of Experts whereby COE observed that directed that the testing of water at the water exit points towards the Lake shall be carried out as directed earlier, since the RSGC management has initiated action based on CoE directions, it is recommended that need-based use of chemical agents/ fertilizers/ turf-labelled insecticides as detailed in Annexure B of the Statement submitted by RSGC may be permitted. Secretary RSGC and VC, Lawda will monitor and prevent release of any pollutants into the Lake through run-off, leaching or in any other manner.
Also, the release of excess water through the gates along the RSGC boundary and drawl of water from the Dal will be done after due intimation to VC, Lawda. The testing of water samples as directed earlier will also be done.DB observed that a very pertinent observations have been made by the Committee of Experts with regard to the need to strengthen LAWDA’s administration and capacity. It has been pointed out that two Deputy SPs were assigned to the LAWDA.It was also informed by Mr Tufail Matoo, VC, that since the recoding of
the visit of the Committee of Experts, the one Dy. SP who had joined LAWDA, had been taken away and presently there is no police official to assist the work of LAWDA.DB directed Home Secretary of the Government of UT of Jammu & Kashmir to forthwith look into this matter and ensure that the needful is done in this regard.Mr. Matoo, VC LAWDA, submits that instead of submitting the proposal on strengthening LAWDA to the Committee of Experts, a re-organisation plan formulated by him has been submitted to the Housing and Urban Development Department of the Government of the UT of JK, which is under consideration.DB directed that let this plan be forwarded to the Committee of Experts who shall consider the same and make its recommendations.DB also directed that an action taken report on the directions of the COE be placed by LAWDA before the COE within two week’ from today. The action taken report shall give full details of all steps taken for the land acquisition. LAWDA shall also give a report with regard to issues.
DB further directed the Secretary, Tourism Department, J&K Government, to submit anaction taken report before the CoE on the issue two issues within two weeks from today.
In so far as the rest of the issues are concerned, the Division Bench directed the Urban Environmental Engineering Department (UEED) and J&K Pollution Control Board (SPCB) shall file a report before the CoE within two weeks from today. JNF