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Judgment
Status report dated 08.03.2019 has been filed by the respondents under the signatures of Mr. Prasanna Ramaswamy, Vice Chancellor, Lakes and Waterways Development Authority (LAWDA), Srinagar. The same is taken on record.
Mr. Ramaswamy, Vice Chancellor, LAWDA is also present in person in the Court and has made submissions on several aspects including steps which are under way with regard to identification of unauthorized houseboats which are anchored on the Dal Lake; identification of the persons who are maintaining Floating Gardens; identification of Dal dwellers who have to be rehabilitated; steps taken against the persons who are living on the peripheries of Dal Lake and are discharging sewage in the Dal Lake; stoppage of use of chemical fertilizers and pesticides and several other steps.
Let a fresh status report on the action already taken, the steps taken for implementation thereof as well as compliance of the directions of the Committee of Experts shall be filed in this Court within three weeks from today.
Mr. B. A. Dar, learned Senior Additional Advocate General, has handed over copy of the letter no. HUD/Lit/100/2018/SMC dated 08.03.2019 issued by the Additional Secretary (Legal), Housing and Urban Development Department, of the Government of Jammu and Kashmir, informing that the Draft J&K Solid Waste Management Bye Laws, 2018 stand vetted by the Department of Law, Justice and Parliamentary Affairs and that necessary approval has been sought for notifying the same. The official respondents shall ensure that necessary steps for effecting implementation by the competent authority are positively taken at the earliest. This letter is taken on record.
Mr. Sheikh Mushtaq, learned counsel, has informed this Court that he has filed an application on behalf of the Houseboat Owners Association in the Registry which is not listed today. Let the application be registered and listed. Learned counsel submits that the members of the Association do not support running and maintenance of any houseboats which are running without requisite license(s) and permission(s) from the authorities concerned. However, inasmuch as such houseboat owners have been carrying on their business from several years without any objection from any authority, he seeks time for stopping the business of such houseboats. Mr. Mushtaq requests that effective steps be taken for rehabilitation of such persons inasmuch as more than 1000 families would be affected by the closure of the business of such houseboats.
It is also submitted by Mr. Sheikh Mushtaq that in response to the notice issued by the LAWDA, members of Houseboat Owners Association have furnished proof of the legitimacy of their business. He further submits that the notices issued by the LAWDA escape the attention of some houseboat owners and that the period for filing of documents be extended by one more week. This request for time of one week made by the learned counsel appears to be reasonable and fair. In view thereof, the period of submission of the documents, as required by the LAWDA by its notice dated 04.03.2019, shall stand extended by a period of ten days from today. It is made clear that it shall be the responsibility of Mr. Sheikh Mushtaq and members of the Houseboat Owners Association who are present in person in the Court to inform individually the houseboat owners about extension of time permitted by this Court. LAWDA shall expeditiously take a view in the matter and enforce its orders.
Mr. B. A. Dar, learned Senior Additional Advocate General, has sought to place on record compliance report dated 12.03.2019 filed on behalf of the Department of Ecology Environment and Remote Sensing pursuant to the directions dated 27.11.2018 passed by us with regard to the mapping of Lakes. We are informed that the same information has been placed before the Committee of Experts. The report is taken on record.
We are informed by Mr. Z. A. Shah, learned Amicus Curaie that the Department of Ecology, Environment and Remote Sensing has only placed satellite mapping of the Dal and Nigeen Lake. No effort has been made to take satellite mapping of the Khushalsar Lake and Anchar Lake. The Department shall ensure that satellite images of these two Lakes is also prepared and placed on record.
We shall await the views of the Committee of Experts with regard to the fixation of boundaries of the Lake.
A Compliance Report dated 11.03.2019 has also been filed on behalf of the Jammu and Kashmir State Pollution Control Board (J&K SPCB), giving an inventory and updated status of establishments in and around the Dal Lake in context of whether they have installed water treatment and sewage treatment plants. The J&KSPCB shall take strict action against the establishments which are discharging untreated sewage into the Dal Lake. An action taken report shall be filed before this Court within three weeks from today.
While we find that issues relating to the flow of polluting substances into the Dal Lake are being addressed, effective attention is not given to the issue of rehabilitation of persons who would stand displaced on account of such measures. LAWDA is directed to complete the identification of persons who would be displaced and place before this Court the details of the manner and method by which rehabilitation would be effected. This would include identification of the land where the rehabilitation would take place; all required steps for placing the infrastructure which is essential for the effective and meaningful rehabilitation of the families of the displaced members including roads, schools etc. The time line within which the several other steps would be taken requires to be formulated and placed on record. LAWDA shall ensure that a complete road map with regard to this aspect is placed before the Committee of Experts which would examine the same and direct such modifications as are deemed necessary so as to enable effective and meaningful implementation of the plan for rehabilitation of all families and persons who would be displaced from and around the Dal Lake.
We also find that LAWDA has been made cognizant of the fact that closure of activities as floating gardens and houseboats would result in loss of livelihoods. While suggesting effective measures for the rehabilitation of such families, LAWDA would take suggestions from Committee of Experts which would give their expert opinion in the matter to minimize the trauma of displacement of such persons.
Mr. B. A. Dar, learned Senior Additional Advocate General, submits that given the work being undertaken by the Committee of Experts, the respective authorities as well as learned Amicus Curiae who are Senior Counsels, the Court Monitoring Committee which was appointed by the order of this Court dated 18.08.2015 passed in MP no. 05/2015 has been rendered inconsequential and may be discontinued. This appears to be fair and just. The Court Monitoring Committee shall stand discharged for the time being. We appreciate the work which has been taken by this Committee for all these years. As and when the services of the Committee are required, the same will be requisitioned again.
Giving the magnitude of works which have been undertaken by LAWDA, multiplicity of the Government Departments and Organisations which are facilitating LAWDA and effectuating the directions being given by this Court as well as the Committee of Experts and the steps which have been taken or are being taken, we appoint Mr. Abdul Rashid Malik, Principal District and Sessions Judge, Srinagar, as a Nodal Officer to monitor implementation of all directions of the Committee of Experts and this Court. We make it clear that it shall not be necessary for Mr. Malik to appear in this Court unless specifically directed by us.
Copies of the orders passed by this Court, the reports of Committee of Experts and the status reports filed by different authorities shall be made available to Mr. Abdul Rashid Malik to monitor implementation of the works being undertaken by the authorities.
Mr. Malik may file his reports through the Registrar Judicial and seek clarifications/directions through Amicus Curiae already appointed.
We are informed by Mr. B. A. Dar, learned Senior Additional Advocate General, that the Committee of Experts has scheduled a visit to Srinagar and the sites on 16.03.2019. The respondents shall ensure that every co-operation is given to them to facilitate the inspections, visit and stay of the Committee of Experts and full assistance rendered to them. Appropriate meeting and conference facilities as well as secretarial assistance be ensured.
The concerned authorities including LAWDA, J&K State Pollution Control Board, Srinagar Municipal Corporation, Department of Ecology, Environment and Remote Sensing, Revenue Department etc. shall ensure that officials conversant with the matters and competent to take decision are present before the Committee of Experts.
All parties shall ensure compliances with the directions previously made.
List for directions on 19th March, 2019.
For consideration of the status reports which are directed to be filed, list on 9 th April, 2019.
Copy of this order be sent by the Registry to the Committee of Experts.
Copy of this order be given under the seal and signatures of the Bench Secretary to all counsels and Amicus Curiae in the matter.