The Jammu and Kashmir High Court has directed attachment of all the structures and buildings constructed in violation of Srinagar Master Plan and court orders in and around Dal Lake here.
A Division Bench of the high court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi yesterday gave the direction to Lakes and Water Ways Development Authority (LAWDA) to attach all these structures and buildings.
“We, in the said backdrop, direct respondent Authority (LAWDA) to attach all the above mentioned structures and buildings raised in violation of Master Plan, directions of this court, or beyond the permission,” the court said.
The court also directed that action after attachment be initiated against such constructions as warranted under rules.
It also sought further compliance from the authorities in this regard by next date of hearing. The Bench asked Superintendent of Police (City East) and SHOs of all police stations concerned to extend cooperation to LAWDA to ensure without any delay implementation of the order. The court also directed the authorities to demarcate the ‘no construction zone’ around Dal Lake with clear signages.
“The authority shall also take steps to identify 200 metres around the lake area by installing identifying marks like signboards, cement and iron poles so that general public is made aware of extent of ‘no construction zone’ around the lake area and possibility of any violation is ruled out,” it said.
The direction on attachment of the properties has been passed in context of a report filed by a two-member panel of Court Vigilance Commissioners. The court described the report as shocking, saying it indicates that various constructions have been raised unauthorisedly in violation of the master plan as also against court orders. The report gave the details of illegal and unauthorised constructions which included huts, a concrete double-storied guest house, a restaurant, a resort, a tin shed, a commercial complex with a plinth area of more than 7,000 sq ft and a double-storied structure constructed by Directorate of Indian System of Medicine (ISM).
The court also directed the authority which is empowered to grant permission for carriage of building material to the lake area to specify the nature and quality of building material proposed to be transported as far as possible and avoid granting such permission for a period exceeding one day.
“Permission for a period of more than one day is to leave room for its misuse. The permission should indicate the point from which entry is proposed to be made to lake area, the destination of the building material proposed to be transported, particulars of permission granted by building permission authority so that end use of building material is verified”, the court order on a PIL said.
It also said that in case unauthorised construction was demolished, immediate steps should be taken to remove the demolished material from the spot so that it was not reused for construction or raising any other construction.
About the shifting of houseboats to the Dole Demb area, the court hoped that the first batch of 76 houseboats would be shifted as per the fixed schedule.
The state government in its status report submitted that important steps had been taken to make the Dole Demb project a reality and the project stands approved by the Planning and Development Department and the Finance Department and it would be placed before the Cabinet soon for final approval.
“Let the matter be placed before the Cabinet in its next meeting so that final approval is accorded before the adjourned date and compliance reported accordingly and shifting schedule with particulars of house boats be published in a local daily immediately after the project finds approval of the Cabinet,” the court said. —PTI
