The High Court has directed Lakes and Waterways Development Authority (LAWDA) to take immediate steps to prohibit all transfers, alienations as well as parting of the possession of rehabilitation sites by the allottes to any third person.
Issuing directions on a Public Interest Litigation onconservation of Dal lake, a division bench of Chief Justice Gita Mittal andJustice Rashid Ali Dar said such action shall be deemed to be violation of theterms of allotment and shall invite action for cancellation of the allotment infavour of the allotees.
“Execution of Power of Attorneys and handing over thepossession to such person, even if attorneys shall be treated as alienation ofthe plot by the allottes”.
The direction cameafter the court observed that the COE in its report has pointed out that thepersons who have been allotted the rehabilitation sites are alienating thesame. “Such alienations run completely contrary to the spirit intendment andpurpose of the
relocation which is for the purpose of rehabilitation,” thecourt said.
Meanwhile, the court directed Chairman J&K PollutionControl Board (J&K PCB) to remain present on May 24 after COE reported toit that the Board has failed to furnish details to the panel about thepolluting units in and around the Dal lake.
Observing that the report of the COE manifests a dismalperformance of the Board, it said even no data was forthcoming from the Boardto the committee about the polluting units. The court said the report of the COE “manifests dismal performance ofthe J&K PCB.
With regard to the status report filed by SSP VigilanceOrganization Kashmir setting out the details of FIRs registered in its policestation regarding illegal constructions at different locations around the Dal,the court sought within a week action taken report with regard to removal ofthese constructions from VC LAWDA.
The Court also directed the PCB to place before it statusreport about declaration of the Dal Lake as an Eco sensitive Zone. On AprilApril 12, the Court had directed the LAWDA to examine the possibility ofdeclaring Dal lake area formally as Eco Sensitive Zone under the EnvironmentProtection Act.
Meanwhile, the court directed VC, LAWDA to ensure thatM/s Thermax shall positively submit the technical audit report regarding functioning of the STPs within two weeks. The STPs, the court said,shall be optimally utilized by the authorities so that no untreated sewage isallowed to flow directly into the channels or the lake in any manner.