Dal Lake Conservation Case

Expressing displeasure over absence of top officers including Chief Secretary in Dal Lake conservation case, the Jammu and Kashmir High Court on Wednesday observed that all the constitutional, statutory and administrative authorities are “servants of laws.”
“The court would have initiated action in accordance with law against these authorities but in view of the request by Senior Additional Advocate General N A Beigh, we defer at this stage initiation of proceedings against them,” a bench of Justice Muzaffar Hussain Attar and Justice Ali Muhammad Magrey observed.
Hearing a Public interest litigation on preservation of Dal lake, the bench observed “all the constitutional, statutory and administrative authorities are servants of laws and all the laws are made and instituted for securing the overall benefits of the people,”
“Where is the Chief Secretary,” the bench asked as soon as the proceeding of the court started today. Though Senior Additional Advocate General N A Beigh submitted that the CS was busy with the government formation, the court observed “This court cannot afford to keep this petition alive for all times to come. This court primarily has to resolve the dispute between the parties and between civilians and the state. This is the primary function of the court”.
On last date of hearing, the court had directed the Chief Secretary of the State, Commissioner Secretary to Government Housing and Urban Development Department, Commissioner secretary to Government Secretary to finance and Planning Department to remain present before the court today.
The Court had also asked Joint secretary Ministry of Tourism Government of India to remain present before it on next date of hearing.
“We are not satisfied with the grounds taken in the application for seeking exemption from their personal appearance. All these authorities are public servants. The court in this PIL is dealing with the cause of great public importance,” it said.
“This PIL has taken lot of public time. As observed in the previous court order, the desired results have not been attained till date. On the request of Beigh we adjourn this case till next date. On next date all the aforesaid authorities shall remain present before the court,” the court said.
While ASG S A Makroo submitted that Joint Secretary Ministry of Toursim and Culture could not appear before the court today because information was send to him late, the court asked the authority to remain present on next date of hearing.
In its status report the PCB stated that the STP of hotel Grand Palace has shown excess TSS and bio-chemical oxygen demand of the permissible limit. K S Johl, counsel for Grand Palace, sought and was granted week’s time to take remedial steps for complying with the prescribed norms.
“Before last date, it shall be ensured that all the STPs are brought to the level where it maintains the prescribed norms. The PCB by the end of this week to take fresh samples from the STPs and submit fresh report before next date,” the court said.
The court was informed by PCB that In respect of hotel Centaur Lake View, that the samples collected on March 14 were conforming to prescribed norms. However in its status report, the PCB informed the court that in STP at SKIMS Soura the Bio-chemical oxygen demand was found in excess than the prescribed limits. The court directed it to collect the samples of Hotel Centaur and SKIMS and submit its report before next date.
The court asked the concerned authorities to report where the water after treatment from STPs goes. “It shall be specifically mentioned where water is taken after it has been treated in STPs and file report in this behalf before next date on April 16,” it directed.