Srinagar: The J&K High Court disbanded all the Committees set up for preservation and protection of Dal Lake after that the court noted that the panels which have been formed earlier are not of much use in the present and that the entire responsibility of the lake should be shifted to Lakes and Waterways Development Authority (LAWDA).
The court of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul said that the LAWDA be allowed to work out a broader scheme for solving all the problems as highlighted in connection with the Lake.
“We direct the Vice Chairman LAWDA to draw a complete scheme for the management and the development of the Dal as well as the area around it in co-association with the various departments and to submit the same before the court by next date of hearing,” the court said.
The VC LAWDA was also directed to survey and prepare a list of all the drains that are flowing into the Dal and to take immediate steps so that the drain water and affluent are not discharged into the lake while making proper arrangements for the treatment of the sewage.
“An exercise may also be undertaken to find out if the waste material from any houseboat is being discharged into the lake and if so, take measures to stop it or to divert it to some other places,” it said.
The court also directed LAWDA to formulate a scheme for the development and the beautification of the Char Chinar and to ensure its security.
The court also iterated no construction activities in Dal or in the area of lake or in the prohibited area should be permitted subject to the condition imposed from time to time.
“The Advocate General would supervise all the above exercise to be undertaken by the LAWDA and ensure that a proper scheme and the road map is presented before the court by the next date of hearing,” the Court added.
In the meantime, the court ordered that for the release of vehicles seized while ferrying construction material in violation of the court orders to move these cases before competent magistrates who will deal with these applications independently on merit.
“The concerned magistrate who is dealing or is supposed to deal with the investigation pursuant to the FIR, shall not release the vehicle without asking for security of 50 thousand in case of first offence, Rs 1 Lac in the case of second offence and that in the event the offence is repeated for the third time, the vehicle shall not be released until and unless the final report is submitted and accepted of the accused is acquitted in the trial,” court directed.
The court pointed and recorded that in case the vehicles lying seized and if not released and put to use are likely to be damaged and their condition would deteriorate and at the same time it will cause irreparable loss and injury to the applicants whose livelihood is dependent on them.
“In view of this, all pending applications for the release of vehicles stand allowed and the vehicles with materials would be released on furnishing security as directed,” the court directed.