Syed Tahir Iqbal Geelani vs State of J&K

Mr. Ali Mohammad Magrey, J. - We notice with disapproval absence of Vice Chairman, LAWDA, Collector, LAWDA and other responsible

officers of the Authority and Housing and Urban Development Department. The reason for their absence viz. their participation in. the meeting at

Jammu, does not sound convincing. It was bounden duty of the Vice Chairman, LAWDA to bring it to the notice of Commissioner/ Secretary,

Housing and Urban Development that he and other officers of the Authority were required to be present in the Court today, with the compliance

reports expected to apprise the Court about the steps taken towards compliance of various directions passed from time to time and that the

meeting was to be deferred or if already fixed, to be rescheduled. The Vice Chairman, LAWDA instead has preferred to make use of the

proposed meeting at Civil Secretariat, Jammu, to leave Srinagar with other officers of the Authority, a few days ahead of the meeting, to avoid

responding to the queries expected to be raised in wake of non-compliance of directions issued on previous date of hearing and on the date there

before. We hope that the lapse would not be repeated in future and the Bench compelled to take coercive measures for compliance of Court

directions or to ensure personal appearance of the officers including Commissioner/Secretary, Housing and Urban Development.

The report filed by Court Vigilance Commissioners would reveal that J&K Police sometime back constructed a hut at Police Golf Course in

violation of directions of this Court as also Master Plan 2001-2021, in force as on date. Though report and photographs attached to the report

would indicate that hut has been demolished by Department on its own, yet Inspector General of Police is required to explain circumstances in

which hut was constructed, oblivious, to Court directions and mandate of Control of Building Operation Act and Regulations made thereunder.

Such explanation be filed by next date of hearing with copy in advance to learned Amicus.

It is reported that one Syed Najeeb Naqvi has raised construction at Barji Harwan, without permission and in violation of Court Order and that

too on State land. Construction raised by Syed Najeeb Naqvi at Barji Harwan be sealed immediately. SHO concerned to extend assistance to

LAWDA officials to facilitate compliance. In the meantime, Deputy Commissioner, Srinagar, and Tehsildar, concerned, to explain circumstances,

in which Syed Najeeb Naqvi was permitted to raise construction on the said land, fix liability on the functionaries guilty of negligence in preventing

encroachment on State land and action taken against erring officials.

Srinagar Municipal Corporation is reported to have raised structure in front of Harwan Garden on State Land and that too without permission

from LAWDA and in violation of directions of this Court. Commissioner, SMC to explain alleged violation of law. The structure be sealed. Show

cause notice be issued to erring officials who exhibited negligence in discharge of their duty and action taken against such erring officials be

reported by next date of hearing. The temporary hut constructed by CRPF at Kralsangri as per statement of Mr. Makroo, ASGI and Deputy

Commandant present in the Court, has since been demolished by the Force on its own. No action,therefore, is warranted. LAWDA shall also

submit status in response to paragraph 07 of Court Vigilance Commissioner's report.

Status report filed by J&K Pollution Control Board would indicate that STP set up at Brari Nambal is working beyond its capacity. Though

effluents discharged from other three STPs have been found to be within prescribed limits, yet such standards appear to be not maintained in

respect of old STP at Brari Nambal. It is pointed out by Amicus Curiae and rightly so, that authorities including J&K Pollution Control Board,

after complying with some of directions, forget that directions are to be complied with regular intervals. To illustrate, only one report from J&K

PCB as to whether the discharges added to the Lake are up to prescribed limits, is not to end the matter. Such report made for a particular period,

may not necessarily be correct as regards post report period. PCB is directed to check and analyse discharges added to the Lake through STPs at

Hazratbal, Nishat, Nallah Ambir Khan, Brari Nambal and other places after every two weeks and submit report without default. Let such exercise

also be made and the discharges added to the Lake by non government STPs set up by private actors like Grand Palace, Hotel Centaur Lake

View, SKICC, SKIMS Soura also analysed after such intervals, so that performance level of STPs set up by private actors is checked and

analysed to ensure that treated discharges as regard PH, TSS, TDS, COD, BOD, Amonical Nitrogen and Phosphate and other chemicals are up

to prescribed limits.

List of officers forwarded by LAWDA to Commissioner/ Secretary to Government, Housing and Urban Development Department, so that

officers who have completed their tenure, are replaced by new officers, has not been placed on record. Let such report indicating particulars of

officers who are over staying/staying for more than three years on deputation with LAWDA, and their replacement be filed by next date. However,

status report indicates that Ms. Nazia Nazir Zahid, Assistant Executive Engineer, is required to be retained for a while as she is involved in

execution of Dole Demb Development Project and other projects. Ms. Nazia may be retained till required, but this would be only an exception.

We have already made it clear that retention of one or two officers would be permissible provided other officers who have completed their tenure

are replaced by suitable officers.

The status report is, far from convincing, as regards acquisition of structure within Lake. High Level Committee constituted to negotiate

acquisition of such structures is yet to speed up the pace of acquisition. Resultantly, nothing significant has been done. Divisional Commissioner,

Kashmir, as head of HLC, has failed to comply with directions of this Court and report compliance. Let comprehensive report be filed by

Divisional Commissioner, Kashmir, indicating the difficulties confronted in expeditious disposal of matters connected with acquisition of structures

within Lake and also suggesting measures to be taken to speed up acquisition process, so that Rs. 57.00 Crores already available is used for the

purpose, Dal dwellers shifted to Rakhi Arath, and the area that becomes available on acquisition, added to the Lake.

The Court Vigilance Commissioners, previously reported that three STPs are on the verge of collapse and are not effective in preventing

addition of pollutants to the Lake. Had Commissioners not inspected the STP, their status would not have been brought to our notice. In the said

background, VC LAWDA was directed to prepare Detailed Project Report (DPR) for establishing new STP at Telbal and upgarding existing

STPs. Nothing worth the name, has been done till date. We disapprove mode and manner in which important components of Dal projects are

being ignored, notwithstanding sufficient funds made available to authorities.

On previous date of hearing Director, Planning, responding to suggestion that a part of Rs. 2000.00 Crores set apart for development of

Tourism, could be earmarked for protection, and conservation of Lake and adjoining areas, stated that matter was under active consideration of

the State Government. The assurance was extended that reasonable amount out of allocation made would be set apart for aforesaid purpose, so

that LAWDA does not face any difficulty in executing approved projects. Let Planning Department come up with definite stand against backdrop

of assurance already extended, by next date of hearing.

The status report filed by LAWDA is lacking in essential details as regards implementation of Rakh-e-Arath development project. Previously

LAWDA would project scarcity of funds as a reason for its inability to go ahead with the project. Now that enough funds have been released and

proposal to make part of funds available for acquisition of structures within Lake area, also under consideration of State Government, it remains to

be known as to what stands in way of LAWDA to speed up work on the project. Let status report explaining delay, and present status of project

be filed by next date of hearing.

Some progress appears to have been made by Vigilance Organisation Kashmir in registering cases against LAWDA officials, who prima facie

appear to have facilitated illegal construction to come up within Lake and prohibited area. However, investigation is required to be taken to its

logical end without any further delay. As regards accumulation of disproportionate assets by the officers, responsible to utilise released funds P.E is

yet to gain momentum. With human resources available with Vigilance Organisation, it is not difficult for the Organisation to conclude preliminary

enquiry, so that action warranted on conclusion of enquiry is taken with due dispatch. Let comprehensive report as regards cases registered as also

PE initiated be filed well before next date of hearing.

On previous date of hearing, an assurance was extended by learned Advocate General that 04 CCTVS would be established by J&K Police

Department at four entry points, wherefrom construction material is usually transported to the Lake area, so that it is made impossible for those

keen to violate law to go ahead with their nefarious designs and raise illegal constructions. It was also stated that possibility of having Unmanned

Aerial Vehicles (UAVs) fitted with cameras would be examined. The suggestion made also remains to be examined by concerned. The Authority

in compliance has not been filed compliance nor does status report indicate steps taken.

We are constrained to notice with pain that directions though issued with sufficient clarify well in time, are not being complied and status

reports filed in advance with copy to learned Amicus Curiae. LAWDA ought to have come up with comprehensive report well before the date

fixed and furnish copy in advance to learned Amicus Curiae. Such practise is disapproved and is expected to be not repeated in future. As the

matter has to come up after ensuing vacation, LAWDA is to have more than six weeks to comply with directions and report compliance of all

directions issued and status of all projects at present being executed by different agencies viz. acquisition of structures; establishment of STPs;

development of Rakh-e-Arath; reclamation of land after acquisition within Lake area and added to water expanse.

Learned amicus curie, on previous date of hearing pointed out that the amount initially sanctioned under NLCP may not be sufficient to

complete the projects approved by Ministry of Environment, Forests and Climate Change, National River Conservation Directorate, Government

of India and the project cost in each case needs to be revised. Mr. Makroo, ASGI had volunteered to come up with his response. However,

response has not been filed. Let response be filed by next date of hearing.

We record our appreciation for role played by Court Vigilance Commissioners in identifying illegal construction raised or being raised within

Lake and prohibited area around the Lake. It is only due to their inputs that effective directions have been passed on different aspects and alleged

illegal constructions sealed. The action taken is likely to prevent potential violators from proceeding with their illegal designs. LAWDA is expected

to extend all facilities to the Court Vigilance Commissioners, so that they are in a position to carry out their mandate. It is reported that vehicle

provided by J&K State Motor Garages Department to Court Vigilance Commissioners is not roadworthy and dependable. The vehicle has been

returned to the Department. Director, State Motor Garages Department shall provide a dependable vehicle, preferably 2014/2015 make, to Court

Vigilance Commissioners. The mandate carried out by Court Vigilance Commissioners in compliance of directions issued from time to time, makes

them vulnerable and exposed to risk to life. Inspector General of Police, Kashmir, shall provide adequate security to Court Vigilance

Commissioners and report compliance by next date of hearing.

Perusal of status report, reveals that untreated urban runoffs, kitchen waste etc, is finding way into Nageen Lake, primarily because of

acquisition dispute at Baghwanpora. Additional Commissioner, Kashmir present in the Court, shall ensure that dispute is resolved within two

weeks, so that sewage from that area is connected with nearest STPs and effluents do not find way into Nallah and then added to Nageen Lake.

The difficulty in taking sewage discharge straight to STPs is also because of delay in construction of Intermediate Pumping Station near G.D.

Goenka School for lifting sewage to STPs. We are told that construction in question, is allotted by Commissioner/Secretary to Government,

Housing and Urban Development Department to National Building Construction Corporation (NBCC). Reference in this regard is may be made to

paragraph 09 of the report. Let officer of the Corporation (NBCC) responsible for execution of overall sewage project, appear in person on next

date of hearing to explain delay in construction of Intermediate Pumping Station. In the meantime, Commissioner/ Secretary to Government,

Housing and Urban Development Department, to have meeting with Provincial Head of the Corporation as also officer incharge of the project at

Srinagar to ensure that project does not get delayed anymore and Intermediate Pumping Station near G.D. Goenka School for lifting of sewage to

STP is constructed well in time and in any case before next date of hearing.

All concerned to file compliance reports well before next date of hearing with copy in advance to learned Amicus Curie. Copy of the order be

circulated amongst counsel for the parties.

List in first week of February 2015.