Jammu & Kashmir High Court - Srinagar Bench
Syed Iqbal Tahir Geelani vs State Of Jk &Ors on 24 May, 2019
Bench: Chief Justice, Rashid Ali Dar
Serial No.21
Suppl. List
(Proceedings held through video conferencing with
the Bench at the residence of Hon'ble the Chief
Justice and the counsel and the parties in the court)
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No. 159/2002
Syed Iqbal Tahir Geelani
---Petitioner(s)
Through: Mr. Altaf Naik, Sr. Adv. learned Amicus curiae
V/s
State of JK &Ors.
---Respondent(s)
Through: Mr B. A. Dar, Sr. AAG
Mr. Sajad Hussain, VC LAWDA
Mr. Ravi Kumar Kaiser, Chairperson &
Mr. B.M.Sharma, Member Secretary, SPCB
Mr. Syed Shabir Ahmad, Deputy Director,
Tourism Department.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RASHID ALI DAR, JUDGE
ORDER
1. We are informed that a compliance report dated 23rd May 2019 filed by State Pollution Control Board has been placed on record (page 243).
2. Time is sought by Mr. Ravi Kumar Kaiser, Chairperson and Mr. B. M. Sharma Member Secretary, State Pollution Control Board to examine the 6th Report of the Committee of Experts dated 9th May 2019 and to place before the Committee of Experts a firm action plan which would include the steps which would be taken and the time line and the manner in which they would be completed to remedy all the defects pointed out in the 6th report of the Committee of Experts. Let a copy of the 6threport be made available to them by Mr. Dar, learned Sr. AAG to Mr. Kaiser during the course of the day.
3. A direction is issued to Mr. Sharma and Mr. Kaiser to examine the same and draw a firm step wise action plan to address all the defects pointed out by the Committee of Experts, place the same and the time line within MOHAMMAD ALTAF NIMA 2019.05.27 15:07 I attest to the accuracy and integrity of this document PIL No. 159/2002 Page 1 of 3 which they will be taken. This shall be placed before the Committee of Experts as well as this Court within three days.
4. We are informed by Mr. Dar, learned Sr. AAG that the Committee of Experts is meeting on 28th May 2019. We are informed that Mr. B. M. Sharma, Member Secretary of the State Pollution Control Board shall attend the meeting before the Committee of Experts and place the report in the above terms of the above before the Committee for its examination.
5. J&K LAWDA has placed an action taken report on record dated 23rd May 2019 (page 232 of the record).
6. Mr. Dar, learned Sr. AAG prays for a short adjournment to place an action taken report on behalf of the Tourism Department which would address the issue regarding house boats. Any difficulty being faced by the Department of Tourism may be placed before the Committee of Experts who would facilitate finding the solution of the same. We are informed that the Department is unable to assess the optimum number of houseboats which ought to be permitted on the Dal Lake.
7. We are informed by Mr. B. M. Sharma , Member Secretary, J&K State Pollution Control Board that so far as the treated effluents being released into the Dal Lake is concerned, the same is being released by six STPs, out of which five are maintained and operated by LAWDA, while as, one is maintained and operated by UEED.
8. The 6th report of the Committee of Experts has disclosed that so far as the sewerage is concerned, there are more than 80 pumping stations, out of which, twelve are intermediate pumping stations. Four of these are maintained by LAWDA, while seven are under the Urban Environmental Engineering Department (UEED).
9. We are further informed by Mr. Sharma, Member Secretary, State Pollution Control Board that the National Green Tribunal has passed orders with regard to the treatment of the effluents and BOD standards of the treated effluents which would be permissible for release into water bodies. It appears that effluents being released by LAWDA & UEED into Dal Lake do not meet these standards. LAWDA & UEED have to take emergency steps MOHAMMAD ALTAF NIMA 2019.05.27 15:07 I attest to the accuracy and integrity of this document PIL No. 159/2002 Page 2 of 3 to upgrade the quality of STPs so as to meet the optimum OD levels as are permitted by the standards approved by the NGT. We find that this has been noted bythe Committee of Experts as well.
10. The VC LAWDA, UEED and the J&K State Pollution Control Board shall also examine the manner and usage to which treated effluents from the sewerage treatment plants can be put in order to avoid it being released into the Dal Lake.
11. The LAWDA as well as UEED shall ensure that this matter is examined at the earliest and proposals with time line for upgradation of the STPs are placed before the Committee of Experts immediately.
12. LAWDA as well as UEED shall ensure that action in terms of the prescription of the parameters by the National Green Tribunal is taken at the earliest and report in this regard shall be filed before us by the next date of hearing.
We direct the J&K State Pollution Control Board to assist the LAWDA and UEED to examine this issue and find the best solution at the earliest.
13. Directions have been issued to the Urban Environmental Engineering Department (UEED) by the Committee of Experts to submit a report by 10 th June 2019.
14. Mr. Dar, learned Sr. AAG prays for a short adjournment to file the action taken report on behalf of the UEED before us. Such report shall be positively filed within one week from today.
15. Let soft copy of the reports filed before us be made available by Mr. Dar immediately to the Committee of Experts for its scrutiny.
16. List on 6th June 2019.
17. Copy of this order be supplied to Mr. Abdul Rashid Malik, PDJ & Mr. Dar, learned Sr. AAG under the seal and signatures of Bench Secretary.
(RASHID ALI DAR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
24.05.2019
Altaf
MOHAMMAD ALTAF NIMA
2019.05.27 15:07
I attest to the accuracy and
integrity of this document
PIL No. 159/2002 Page 3 of 3