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Judgment
Mr. Hasnain Massodi, J. - Fresh status report submitted by learned Advocate General would indicate that important steps have been taken by
respondents to make Dole Demb project a reality. The project involving shifting of the House Boats from the present location to Dole Demb area
stands approved by Planning and Development Department as also Finance Department and is to be shortly placed before the Cabinet for final
approval, where after steps are to be taken for implementation of project on ground, Cabinet memo in this regard, stands prepared on
08.10.2015. Let the matter be placed before the Cabinet in its next meeting so that final approval is accorded before the adjourned date and
compliance reported accordingly.
We hope that first batch of 76 houseboats as stated on 24th September 2014, would be shifted to Dole Demb area as per schedule fixed.
Respondent Authority on 24th September 2014, was directed to notify in advance proposed phase-wise schedule of shifting of Houseboats to
Dole Demb area with sufficient details, so that Houseboat owners may be made aware of schedule well in advance, enabling them to organize their
affairs accordingly. The advance publication of schedule would also rule out any last minute objection or impediment in timely implementation of
scheduled programme. Let shifting schedule with particulars of houseboats to be shifted be published in a local daily, immediately after the project
finds approval of the Cabinet.
Compliance report filed by Inspector General of Police, Kashmir indicates that police force available to Lakes and Water Ways Development
Authority (LAWDA) has been strengthened by deploying 15 pol ice personnal to the Authority, taking strength of force to 25 personnal. This
redresses the grievance that because of non deployment of sufficient police force, enforcement Wing of LAWDA is not in a position to discharge
its statutory obligation. In addition to deployment of additional police force, a Motorboat has been attached with Dy. S.P. Enforcement Wing of
LAWDA, to help it intensify patrolling of lake area and check unauthorized encroachments etc.
A proposal to install CCTV Cameras at appropriate places, around the Dal Lake area, so as to check the transportation of unauthorized
building material is reported to under consideration of Police Department. We hope that a decision in this regard would be taken well before next
date of hearing and effort made to install CCTV Cameras at identified places.
The report in para 10 makes valuable suggestions for prevention of encroachment and unauthorized constructions. We accordingly direct the
Authority, empowered to grant permission for carriage of building material to Lake area, to specify nature and quality of building material,
proposed to be transported and as for as possible avoid granting such permission for a period exceeding one day. Permission for a period of more
than one day is to leave room for its misuse. The permission should indicate the point from which entry is proposed to be made to Lake area, the
destination of the building material proposed to be transported, particulars of permission granted by Building Operations Controlling Authority
(LAWDA), e.g. permission number, Date etc. so that end use of building material is verified. The permission should be preferably for one trip so
that it is not misused and quantity of building material transported much more than covered under the permission.
The respondent Authority (LAWDA), in the event, unauthorized construction is for any reason demolished, shall take immediate steps to
remove the construction material from the spot so that it is not reused for reconstruction or raising any other construction. The Authority shall also
take steps to identify 200 meters around the lake area by installing identifying marks like signboards, cement/iron polls so that general public is
made aware of extent of No Construction Zone, around the Lake area and possibility of any violation is ruled out.
The status report filed by IGP, Kashmir does not indicate whether police check-points have been established at all entry points to prevent
transportation of building material to the Lake area. Let such check-posts be set up within one week and compliance reported by next date of
hearing.
The latest report submitted by Court Vigilance Commissioners is shocking, to say the least. The report identifies the constructions, un-
authorisedly raised in recent past in violation of Master Plan, permission granted by BOCA as also directions passed by this Court from time to
time as under:-
i. Hut constructed at Bahraar, Nigeen lake by Sh. Rouf Ahmad Shungloo R/O Nigeen, owner of HB New Mavis.
ii. Concrete double storied guest house comprising of 8 rooms, kitchen and bathroom on the bank of lake.
iii. Construction of a restaurant on island named as 'Mac's Island' and ""Nigeen View Resort"" at Nigeen lake.
iv. Construction of a wooden structure to serve as dining hall to his Houseboat ""Floating Heaven House Boat"" by Ah. Rashid Doonu S/o
Mohammad Iqbal R/O Nigeen Construction of a tin shed and concrete structure at upper compound of shrine near Nehru Park, in violation of
permission.
v. Construction of a commercial complex by Mohammad Tariq Reshi S/O Ghulam Mohammad Reshi R/O Ishber Nishat, with the plinth area of
more than 7000.00 Sq.fts. in violation of permission order no. 62 Bldg/LDA of 2012, dated 28.08.2012, whereby Mr. Reshi was permitted to
construct a residential with plinth area of 1425.00 sq.fts. The violation also involves hundred percent increase in height of building.
vi. Construction of a double storied structure of 250x100 at Harwan/Barji by Directorate of Indian System of Medicine (AYUSH) on the bank of
Dachgam.
9 The copy of report submitted by Court Vigilance Commissioners on 13th Oct. 2015, was furnished to learned Advocate General as well as
learned amicus curie for their response. Learned Advocate General as well as Mr. Shah, amicus have confirmed the violations reported by Court
Commissioners. Mr. Shah has even submitted 14 photographs' depicting the violations, reported in the Report.
We in the said background direct respondent Authority (LAWDA) to attach all the above mentioned structures/ buildings raised in violation of
Master Plan, directions of this Court, or beyond the permission, if any granted by BOCA (LAWDA) and there after initiate action qua such
constructions as warranted under rules. Let compliance be reported by next date of hearing. Superintendent of Police (Srinagar East) and SHO's
of all concerned police stations, shall extend cooperation to the Authority to ensure forthwith implementation of the directions.
It is further reported that Ghat at Nawa Bagh has been un-authorisedly converted into parking place by earth filing and Houseboat ""New
Jaaklin"" illegally moored at the place. Let LAWDA takes necessary steps to restore the Ghat to its original position and remove the houseboat so
that it is used by general public without any hindrance.
Learned amicus curiae points out that Court Vigilance Commissioners are not being provided transport facility, enabling them to discharge their
mandate and that their monthly fee remains to be paid to them. Vice Chairman LAWDA shall make a requisition for allotment of vehicle to
Director Motor Garages. On receipt of such requisition Director Motor Garages shall allot a vehicle to the Commissioners. Fuel consumed in
connection with tour/inspection of the Lake area and discharge of duties assigned shall be provided by the Authority.
Let SSP, authorised to grant permission for carriage; of building material to the Lake area provide copies of permission orders, to
Commissioners so that on a test check basis they visit the destination of such material to find out whether it is used for intended purpose and also
whether the construction raised is authorised by BOCA(LAWDA). Let fresh report be filed in accordance with order whereby Court
Commissioners have been appointed.
Copy of order be provided to Learned Advocate General as also Learned amicus and Court Vigilance Commissioners, enabling them to file
fresh compliance well before next date of hearing with advance copy to counsel for other side.
List on 27.10.2015.