HC directive to State Govt. Srinagar, Nov 20: The Jammu and Kashmir High Court on Wednesday directed the State Government to come with a policy decision in order to disclose its stand with regard to those living around the famous Dal Lake, whose houses have collapsed or suffered damages due to recent floods. The division bench comprising Justice MH Attar and Justice D S Thakur after hearing amicus to the PIL directed the Government to disclose its stand before the court by next date. “In order to enable the State to disclose its stand before the court, we direct this case to be listed on November, 24 as case No. 1 in the cause list and Vice Chairman LAWDA to remain present in the court on next date”, the bench directed. On the very outset amicus to the PIL Advocate Zaffar Shah submitted before the court that in wake of recent floods, it has been brought to the notice of the court by LAWDA and some persons living nearby Lake whose houses have either collapsed or have suffered damages and are seeking permission for reconstruction or repairing their houses. Advocate Shah submitted since the matter with regard to construction near and around Dal Lake is subjudice before this court and court orders passed from time to time in banning of construction activity within 200 meters from the fringe of Lake is in force from 2002. He submitted that after floods the whole scenario has changed as such State Government shall have to take policy decision which may include shifting of these persons whose houses collapsed or were partially damaged during recent floods to some other areas by providing them alternative sites. Advocate Shah referring the role of Advocate General of the State to settle the plight of people who are living around the Lake submitted that ‘AG has to take a stand before the court in this behalf.’ Court after these submissions made by amicus also asked the Advocate General of the State to remain available on next date. After all these submission made by amicus the court felt that the issue is of serious in nature and needs to be considered. “The submissions made at bar by learned amicus do need serious consideration by the court as also by the State Government”, observed the bench. Meanwhile court in application for release of vehicles which have entered to the prohibited area of Lake with constructing material directed that court be informed that how many times the applicants violated the court order. “Mr. Chashoo(AAG) will inform the court as to how many amongst the applicants violated the court orders more than once. This information be also placed on record before next date”, the bench directed. Court was hearing a Public Interest for protection and conservation of famous Dal Lake from encroachment and pollution. Earlier court had also directed the authorities for process of shifting the House Boats from Dalgate via Nehru Park to Doledem are immediately and had observed that shifting of house boats is so crucial to preserve the lake.
Posted on: Thu, 20 Nov 2014 04:51:44 +0000
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