DB directs Prpl Secy HU&D to file affidavit regarding compliance of Court’s direction
STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul while hearing Public Interest Litigation on preservation and conservation of Dal Lake, initiated in 2002 on basis of a letter of one, Syed Iqbal Tahir Geelani, a student of 6th Semester LLB University of Kashmir, Srinagar, directed Principal Secretary, Housing and Urban Development, Government of Jammu & Kashmir, to file affidavit compliance of the directions passed by this court on 08.09.2022 and 09.11.2022 read with the order. DB also directed Vice Chairman, J&K Lake Conservation & Management Authority, Srinagar, to file the responses to the applications/ writ petitions seeking direction for grant of permission for construction in accordance with the Master Plan and the applicable law.
When the PIL came-up for hearing, DB observed that during the pendency of this Public Interest Litigation, several applications/ writ petitions came to be filed seeking directions upon the respondents for grant of permissions to raise constructions around the Dal Lake in accordance with the Master Plan 2035 notified vide notification dated 13th February, 2019 by the Government, after the necessary approval was accorded by the State Administrative Council (SAC) on the recommendations of the Committee. In terms of the order passed by this Court on 19.07.2002, it was directed that no construction work or even carrying of building material in and around the 200 meters from the centre of the foreshore road be allowed. The only exception provided was for the purposes of grant of permission for repairs and renovations of the existing buildings falling within 200 meters from the centre of the foreshore road.
DB observed that when matter was taken up for consideration, Advocate General submitted that the respondents are in the process of implementing the order and shall be submitting the responses so as to enable the court to decide the applications/ writ petitions seeking directions for grant of permission in terms of the Master Plan 2035. While considering the prayer for grant of extension of time, DB observed that the Court is facing with the resistance made by the counsel appearing for the applicants/ writ petitioners who submit that the order passed by this Court on 19.07.2002 was not based on an expert advice and the same was passed only on the basis of the submissions made by the learned Amicus and other counsels who had placed their views before the Court. Counsel for the applicants/ petitioners further submitted that court has document in the shape of Master Plan which is in tune with the scheme of the law notified by the Government after having associated and discussed the Master Plan with the people of all shades including traders, public representatives, common citizens, hotel associations etc.
DB directed Principal Secretary, Housing and Urban Development, Government of Jammu & Kashmir, to file affidavit in compliance of the directions passed by this court on 08.09.2022 and 09.11.2022 read with today’s order in advance of the next date with copy in advance to learned Amicus and further directed the Vice Chairman, J&K Lake Conservation & Management Authority, Srinagar, to file the responses to applications/ writ petitions seeking direction for grant of permission for construction in accordance with the Master Plan and the applicable law.
