Identify officials who allowed constructions in, around Dal Lake; High Court to SVO

The Jammu and Kashmir High Court has directed the State Vigilance Organization Kashmir to file a comprehensive report about the officials, who allowed illegal constructions in and around Dal Lake, and accumulated assets disproportionate to their known sources of income.

Underscoring that some progress appears to have been made by VOK in registering cases against LAWDA officials who prima facie appear to have facilitated illegal constructions within Lake and its prohibited area, a division bench of High Court said the “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 utilize released funds Preliminary Enquiry is yet to gain momentum. With Human resources available with Vigilance Organization, it is not difficult for the organization to conclude preliminary enquiry, so that action warranted on conclusion of enquiry is taken with due dispatch,” the bench said, while seeking comprehensive report before next date of hearing.

The court also sought compliance report on replacement of officials who are overstaying for more than three years on deputation with LAWDA.

Terming the compliance report on acquisition of structures within Dal Lake far from convincing, the bench said the High level Committee constituted to negotiate acquisition of such structures is yet to speed up the pace of the acquisition. “Resultantly, nothing significant has been done”, it added.

“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 process so that Rs 57 crore 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 bench said.

The court also asked the Planning Department to come up with a stand by next date of hearing on the suggestion that a part of Rs 2000 crore set apart for development of Tourism sector be earmarked for protection, and conservation of Lake and its adjoining areas so that LAWDA does not face any difficulty in executing approved projects.

Pointing out that the status report by LAWDA is lacking in essential details as regards implementation of Rakh-e-Arath development project, the court said 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,” the court said, seeking report explaining delay and present status of project by next date of hearing.

With regard to the assurances by police to establish 4 CCTVs at four entry points where from construction material is usually transported to the lake area as also on the issue of examining Unmanned Aerial Vehicles (UAVs) fitted with cameras, the court said no compliance has been filed.

“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 Curie. LAWDA ought to have come up with comprehensive report well before the date fixed and furnish copy in advance to Amicus Curiae’” the court said, disapproving the LAWDA’s approach to defy its directions.

“As the matter has to come up after ensuring 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 — acquisition of structures, establishments of STPs, development of Rakh-e-Arath; reclamation of land after acquisition with Lake area and added to water expanse,” the court added.

The court asked ASGI S A Makroo to come up with a response on revised project cost approved by approved under NLCP by Ministry of Environment, forests and climate change, National River Conservation Directorate GoI after Amicus Curie pointed out that the amount initially sanctioned under NLCP may not be sufficient to complete the projects approved.

Appreciating the role of the Court Commissioners in identifying illegal construction being raised within Lake and prohibited area around the Lake, the court said, “It is only due to their inputs that effective directions have been passed on different aspects and alleged illegal constructions sealed”. It asked the concerned authorities to provide them the facilities they require.