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Judgment
Instant application has been filed by Divisional Forest Officer, Urban Forestry, Srinagar, seeking direction so as to command Chairman, J&K
Lakes and Waterways Development Authority (LAWDA), Srinagar, to take decision on the application filed before the said Authority seeking
permission to allow construction of guard hut, breast wall, concrete path with tile floor, store shed and fixing of angle iron/flat iron with chain link
fencing in concrete foundation at several places including at forest nursery Kralsangri S. Park and Shankarachariya hills.
In the Public Interest Litigation, as is pending, number of directions have been issued which include a prohibition regarding construction to be
carried on in and around Dal Lake as the same has been declared as no construction zone.
In the application it has been stated that Shankerachariya hills are located at the heart of the city, supports several important species of bio-
diversity essence and is also a very rich forest. The said forests always are exposed to forest fires due to lot of dry grasses in the autumn season.
The area also remains under constant threat from wild life, therefore, the Forest Department wants to install chain link fencing, store shed and to
construct hut so that any mishap can be avoided. The permission is necessary for safety and security of the area.
In the application it is also stated that in pursuance to the application as was submitted to the Chairman, LAWDA, joint inspection was taken up
by Vice Chairman, LAWDA, and Divisional Forest officer, Urban Forestry Division, Srinagar, on 17.11.2017 and it was observed that the Forest
Department is managing two important sanctuaries in the heart of the city which require regular attention, maintenance of the vegetal cover existing
in the hill locks as well as the supporting wild life, are the focal points of the management. The works proposed by the Divisional Forest Officer are
required for the management of the area. It was unanimously decided by the said team to move an application before this court for permission.
The Vice Chairman, LAWDA, has filed the response stating therein that the request of Forest Department being genuine, permission can be
considered. It is also mentioned that the subordinate staff Viz. Secretary, Executive Engineer, AEE, Lakes Division No.1st, Scientists of R&M
Wing, PRO to Vice Chairman, LDA, visited both Shankarachariya as well as Kral Sangri Forest and all the officers appreciated the proposal of
Divisional Forest Officer, Urban Development Department. For protecting the forest cover and soil erosion, the team of the officers was of the
opinion that the proposed work is required to be considered, however, with the following modifications:
a. Shelter sheds for the forest staff are made completely of wooden material matching with the local environmental theme;
b. Retaining wall/protection bunds, wherever required, are made of dry stone masonry on the lines of gabion walls bound by crate
mesh;
c. No concreting of trekking track, however, steps, wherever required, should be with the dimensions 5x5 ft with the riser of steps
not more than 4 inches. The department can also lay Baramulla stone slab, wherever required on the trekking track.
d. Chain-link fencing of both forests is a must so far as preserving the soil cover and vegetative protection is concerned.
e. The viewing deck on the top of trekking track should be a wooden gabion type with no iron/concrete work.
We have heard learned counsel for the parties. In essence, in the factual matrix as projected in the application, the object appears to be
laudable, that is why on joint inspection by the LAWDA authorities and the officers of Forest Department, the permission sought is not opposed
except with certain modifications.
The Chairman, J&K LAWDA, shall consider the application as has been filed by the Forest Department for permission to construct guard hut,
breast wall, concrete path with tile floor, store shed and fixing of angle iron/flat iron with chain link fencing in concrete foundation at several places
including at forest nursery Kralsangri S. Park and Shankaracharya hills, subject to the modifications as have been proposed in the response filed by
the respondents, as referred to hereinabove in para 5 from (a) to (e), with further modifications as the LAWDA authorities may deem proper.
However, it is made clear that:
(a) In the guise of permission for allowing proposed chain fencings, the LAWDA authorities will ensure that, in any manner, no other
constructional material except the material required for executing the work is allowed to be carried.
(b) The authorities of Forest Department shall file an undertaking before this Court that as and when requisite permission will be
granted by LAWDA, they will not carry any other material except the material required for executing the said works.
(c) The LAWDA authorities shall monitor that the permitted works are executed strictly in terms of the permission as shall be granted
by them and in any manner will not allow any deviation thereof and in case of any deviation, will immediately take action and report
the matter to this Court.
(d) LAWDA authorities will also ensure that the vehicles which would be permitted to carry the material for executing the said works,
are given proper identification and specification of the material which permission they must show to the authorities wherever they are
intercepted so that the drivers of the vehicles may not carry any other type of material to be supplied for any other purpose.
(e) It shall be the sole responsibility of the LAWDA authorities to ensure that the permission granted is not misused by any
driver/truck owner in any manner and to ensure that the proposed works are permitted only with the modifications as suggested in the
response as referred to above and in accordance with any other modification which shall be in the better interests of environment and
for the proper protection of Dal lake and shall also be necessary for protection of nursery and forest areas.
Application shall, accordingly, stand disposed of.