DAL CONSERVATION|HC bars transfers, alienations of rehabilitation sites

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 on conservation of Dal lake, a division bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar said such action shall be deemed to be violation of the terms of allotment and shall invite action for cancellation of the allotment in favour of the allotees.

“Execution of Power of Attorneys and handing over the possession to such person, even if attorneys shall be treated as alienation of the plot by the allottes”.

 The direction came after the court observed that the COE in its report has pointed out that the persons who have been allotted the rehabilitation sites are alienating the same. “Such alienations run completely contrary to the spirit intendment and purpose of the

relocation which is for the purpose of rehabilitation,” the court said.  

Meanwhile, the court directed Chairman J&K Pollution Control Board (J&K PCB) to remain present on May 24 after COE reported to it that the Board has failed to furnish details to the panel about the polluting units in and around the Dal lake. 

Observing that the report of the COE manifests a dismal performance of the Board, it said even no data was forthcoming from the Board to the committee about the polluting units.  The court said the report of the COE “manifests dismal performance of the J&K PCB.

With regard to the status report filed by SSP Vigilance Organization Kashmir setting out the details of FIRs registered in its police station regarding illegal constructions at different locations around the Dal, the court sought within a week action taken report with regard to removal of these constructions from VC LAWDA.

The Court also directed the PCB to place before it status report about declaration of the Dal Lake as an Eco sensitive Zone. On April April 12, the Court had directed the LAWDA to examine the possibility of declaring Dal lake area formally as Eco Sensitive Zone under the Environment Protection Act.

Meanwhile, the court  directed  VC, LAWDA to ensure that M/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 is allowed to flow directly into the channels or the lake in any manner.