Jammu & Kashmir High Court - Srinagar Bench
Syed Iqbal Tahir Geelani vs State Of Jammu & Kashmir And Others on 25 February, 2020
Bench: Chief Justice, Dhiraj Singh Thakur
Sr. No.07
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CM 1017/2020 in
PIL 159/2002
Syed Iqbal Tahir Geelani
......Petitioner(s)
Through:- Mr Z. A. Shah, Sr. Advocate (Amicus)
Mr A. H. Naik, Sr. Advocate, with Mr Javaid Ahmad,
Advocate.
V/s
State of Jammu & Kashmir and others.
.........Respondent(s)
Through:- Mr B. A. Dar, Sr. AAG.
Mr M. A. Chashoo, AAG.
Mr Moomin Khan, Advocate.
Mr Sheikh Mushtaq Ahmad, Advocate.
Mr Tufail Mantoo, Vice Chairman, LAWDA in person.
Coram:
HON'BLE THE CHIEF JUSTICE.
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE.
ORDER
25.02.2020
01. By our order dated 10th September, 2018, this Court had directed the respondents to give full details of the public funds which has been spent by the Central Government and the State Government on the projects relating to the Dal Lake since when the first order was passed in PIL No.159/2002.
02. It is stated by Mr Dar, that action has been initiated with regard to the money which has been mis-utilized out of the funds allotted in respect of the Dal Lake. Let a detailed status report be filed by the respondents indicating the number of cases initiated in this regard.
03. Time is sought by Mr B. A. Dar, learned Sr. AAG, to place before us details of committees appointed by the State Government which have/had the qualifications, expertise, experience and knowledge equivalent to that of the experts on the Committee of Experts as well as the fee which was paid to PIL 159/2002 1 of 13 them. Mr Dar shall place details of qualifications, expertise and experience of the members of the other committees.
04. Mr Dar shall also place details of the amounts spent on the honorarium paid to the Vigilance Commissioner appointed pursuant to the order dated 23rd March, 2009; as also the expenses incurred on them; details of the office space allotted to them and the steno typist.
05. Given the issues raised in the present application, let the parties place before us the time spent by the Committee of Experts in undertaking the exercise which has been undertaken so far. We would like to know the details and length of the meetings conducted by the COE; the duration of the visits by the Committee to Jammu & Kashmir for undertaking the work assigned to it; details of their meetings with experts and other bodies; time spent in undertaking the researches on the matters under consideration; as also time taken in preparation of the reports and other related matters.
06. Let a report in this regard be placed before us by the Nodal Officer, Mr Abdul Rashid Malik, PDJ, Srinagar, after interacting with the members of the COE.
07. We will take a view on this application after receiving the above information in this regard.
PIL No.159/2002:
08. The following documents have been placed before us.
I) Minutes of the meeting dated 8th January, 2020 of the Committee of Experts (page 567).
II) Report dated 28th January, 2020 regarding achievements made for the last one year by the Committee of Experts (page 575). III) Status report filed by LAWDA dated 20th February, 2020 (Page
584).
IV) A project report of Dal and Nageen Lakes prepared by the Survey of India placed by Mr B. C. Parida, Director (page 608). V) A report dated 24th February, 2020, of the Jammu & Kashmir Pollution Control Board (page 843) placing its observations regarding the sevage discharges from the treatment plants;
PIL 159/2002 2 of 13 recommendations regarding utilization of treated waste water as well as capacity of STPs.
VI) A status report dated 25th February, 2020 (Page 884) of the Director Tourism.
09. The Committee of Experts has been able to bring the best in the Country on the several actions required to be taken for saving the Dal Lake including the organizations as DRDO, NIPER, Hyderabad, bio-digesters on treatment of weed.
10. As per the report submitted by the Nodal Officer, Mr A. R. Malik, PDJ, Srinagar, since its appointment on 10th September, 2018 i.e., a year and four months, the Committee has already achieved the following:
"1. Demarcation of the boundaries of the Lake: Right from the first meeting held with the concerned officers of the different Departments of J&K namely, VC LAWDA, Div. Commissioner/Srinagar, Dy.Com Srinagar, Pr. Secy HUDD, SPCB, J & K Remote Sensing Agency and others, the CoE had been asking for the basic cadastral map of the Lake and its surrounding areas. After much dilly-dallying the concerned Tehsildar, village officer and village man appeared before the CoE with 'the available maps' when it was found that revenue maps of the complete Lake was not available: there were a number of gaps in the jigsaw. Interestingly, this came as a surprise even to the senior officials and to VC, LAWDA who were under the belief that revenue maps were available. The village-man who alone seemed to have a clue regarding survey maps, after much hesitation submitted that some of the maps had got destroyed in a fire in the village office in the 90's. The Members were stunned. To understand the slew of problems facing the Lake one first needed to know its boundary demarcation which was impossible without a cadastral map. So the Govt of J&K officials finally expressed their inability to provide the reliable certified cadastral map of complete Dal-Nigeen Lake.
The CoE immediately contacted the Surveyor General of India; a Member also made a visit to that office in Dehradun. After discussions, the surveyor General agreed as a special case, to take up demarcation of the boundaries of the Lake as existed in 1980 which map was available in the office of the PIL 159/2002 3 of 13 Surveyor General of India. The map previous to this was from pre-Independence, of 1923. This work was taken up by the Surveyor General as a special case as the work of carrying out cadastral survey and maintaining land records data, textual and spatial, is a State subject and the responsibility of the state/ UT. In the shortest possible time, the team from Survey of India using Geo-Positioning Stations (GPS) demarcated the Lake boundary with regular geo-
referenced points with coordinates in system WGS-84. This implies that the boundary marked is as per international standards acceptable globally. Thereafter, the digitalized geo-referenced ground-truthed map was handed over to VC LAWDA by the Office of the Surveyor General of India within 4 months as desired by the CoE. This digital map of the boundary of the Dal-Nageen is now immutable and tamper- proof. Since the map is digital, it is impossible for it to get destroyed by fire or for anyone to tamper with the boundary demarcation. Not only did the Govt. of J&K not have the competence or capacity to prepare such a map but with the availability of this map now, there is no confusion as to where the boundary of the Dal runs. Any professional would understand that such a map should have been prepared decades ago as without it, all discussions on number and identity of encroachers, land-holders or the alignment of boundary road or the total area of the Lake and how much reduction it has faced, is meaningless. The details above are given to emphasise the enormity and importance of the work done. The CoE received the support of the Hon'ble High Court as the Surveyor General of India took the request of the CoE coupled with the directions of the High Court with utmost seriousness and got the work done as a special case in shortest possible time. A copy of the map prepared by the Surveyor General of India is attached.
2. Planting of Boundary Pillars: After receiving the boundary demarcated map of the Lake it is the responsibility of LAWDA to mark the boundary on ground using survey stones/ pillars. With tremendous push from the CoE, the VC LAWDA got the first pillar planted on 22-23 July in the presence of the CoE Members. The Members were aware that unless this work was got done through continuous monitoring it would never begin. Over a period of time the points marked by the team from the office of the Surveyor General of India would get dislocated leading to the PIL 159/2002 4 of 13 possibility of future tampering with the boundary. The CoE has consistently taken the stand that the location of the boundary line should be known publicly; thereafter, it is up to the Govt. to decide how much of the water area of the Dal- Nageen will be allowed to remain, of course, with necessary directions of the Hon'ble High Court. In order to tackle a problem one first needs to gauge its magnitude. It may be pertinent to remind here that Dal-Nageen has been taken over as custodia legis by the Hon'ble High Court. Out of the 360 ground points marked in the Survey General of India Map, in 6 months only 70 ground pillars have so far been erected. The CoE has been expressing its dissatisfaction over the tardy progress to each VC as they come and go.
3. Functioning of STPs: It has been reported that about 70% of the sewage generated in Srinagar City finds its way into the Lake. 3 STPs are functioning under the control of LAWDA: (i) Lamb - 4.5 MLD, (ii) Habak - 3.5 MLD, (III) Hazratbal - 7.5 MLD. These are heavily over-utilized and under-maintained. Their effluent is far below the required standards as laid down in the CPCB norms. After detailed study by the CoE and discussions with experts, viz. retired chairman, CPCB, academics from IIT, Bombay and IIT, Roorkee (including the team that had prepared the Vision Document) and M/s Thermax, the company that designed and constructed these three STPs, and many visits to the site by the Members and by a special team of waste water experts from DMRC, the Committee came to specific conclusions and gave necessary feedback to Pr.Secy/HUDD and VC LAWDA that the three STPs need to be renovated at the earliest. This was in May 2019. The process of issue of tender after lingering for over 7 months, with major errors in the tender documents, no offer received, failure of negotiations, inflated Bill of Quantities, etc., the contract has finally been assigned on 04.01.2020 by UEED. The work is to be completed within 6 months. The CoE has directed CE, UEED and VC LAWDA to submit Weekly Reports starting 11.01.2020; the same is still awaited.
4. Secondary Treatment of effluent: After the repair and renovation of the 3 STPs is complete, the treated effluent needs to conform to the CPCB norms. On CoE directions the Consultant, UEED is drafting a scheme for tertiary treatment of effluents and if required diverting the effluent away from the Lake.
PIL 159/2002 5 of 13
5. Lab Testing facilities: Although it is a statutory requirement that each STP should test the treated effluent quality before being released, none of the STPs were carrying out any tests. Under the CoE's directions laboratory has now been set up and regular tests of incoming sewage and treated effluent is being carried out. Again, LAWDA lacks the drive to digitise the reports, compare and analyse them and share it with the CoE; each time they need to be prodded.
6. Appointing the Consultant UEED: The CoE had been insisting that a Consultant Agency be engaged by the Govt. of J&K to study the problem of lack of sewerage cover in areas where at present the sewage flows into the Dal. The CoE realised very early that the competence to carry out an assessment and thereafter designing project DPR was not within the competence of the Technical staff now available. A consulting Agency was finally engaged and a DPR for providing sewerage system to all uncovered areas around Dal-Nageen has been submitted at the 8th Jan 2020 meeting. The DPR proposes the setting up of a STP with 14 MLD capacity that will cover all uncovered units (domestic, commercial and industrial) in Telbal and Gupt Ganga areas. The estimated cost of the project is Rs.117 crores. The UEED is expected to examine the proposal. The CoE is also examining the DPR utilizing the technical expertise in DMRC. In this context, apart from the expertise of the Members of the CoE and their decades of experience, the technical expertise in DMRC is also being utilised. The issue of sewerage main line lying incomplete for years due to delay in acquisition of a small parcel of land adjoining Nigeen was sorted out with CoE's intervention. With the pipe-laying work complete a number of houseboats moored on Nigeen can be connected to a sewerage system very soon.
7. Inland Bio-digesters: (i) With CoE's persistence 100 bio-digester units are being set up in Telbal area as pilot, an area from where sewage flows directly into the Lake. (ii) A cluster bio-digester is also recommended for Gupt Ganga area but is awaiting Lawda's approval. (iii) The tender has been floated by Lawda for an in-land bio-digester at Dol Demb that can treat the sewage from 10 houseboats. Technically and managerially in many parts of the globe there is move away from large STPs as these require major maintenance, are expensive and their setting up takes years. The proposed STP in Brari Numbal contracted to NBCC is PIL 159/2002 6 of 13 under construction for over 7 years now. The technical staff in LAWDA have for the first time been introduced to the concept of mini STPs and bio-digesters. The trial with the floating bio-digesters attached to individual houseboats based on DRDO technology was evaluated in depth by the CoE. The CoE is of the opinion that given its size and cost it may not work in the Dal- Nigeen.
8. Malfunctioning IPSs: During the site visits by the CoE Members to the Intermediate Pumping Stations, it was detected that the IPSs instead of directing the sewage to the STPs were allowing sewage to flow into the Dal. This was either because the pumps were non-functional or to pilfer diesel. Based on CoE directions, auto switch sensors have now been set up in all the 8 IPSs. CoE directions to seal the openings through which untreated sewage is allowed to flow from the pumping station into the Lake is yet to be complied with.
9. Visit to Interiors: The CoE has not limited its work to the frontal and visible areas of the Lake; it has visited the remote interiors along the canals which were unseen even by VC, LAWDA. This was to get a deeper understanding of the problems and avoid short-term superficial solutions. Based on these visits a number of hands-on practical advice have been given to the technical staff of LAWDA on functioning of gates, dredging of canals, removing encroachments and illegal construction, tackling sewage flow into the canals, etc. with a view to improving the capacity and knowledge-base of the officers and staff that may help in protecting the Lake.
10. Pollution from Houseboats: The pollution from the houseboats is estimated to be one-tenth of that from the peripheral habitation and STPs; yet this also needs to be tackled. The CoE could rope in the DRDO in finding a solution to the problem of sewage treatment from the houseboats. It was only based on the request from the CoE Members that DRDO agreed to engage itself in the Dal Cleaning experience which would otherwise not have been possible. The prototype of floating bio-digester was tested on the Dal at no cost to the J & K Govt. Finally, as decided at the last meeting of CoE held on 8th Jan 2020, the tender for 100 bio-digesters as pilot project is expected to be finalized before 31 Jan 2020. Setting up of a cluster bio-digester at Gupt Ganga is to be finalized by the VC Lawda expeditiously. The tender for installation of bio-digesters for treating PIL 159/2002 7 of 13 sewage from the Houseboats was also to be finalized by the VC Lawda. All this has been possible through hand -holding by DRDO to the concerned officials in Lawda, UEED and Tourism. Even the houseboat operators have realised the adverse impact on the Lake on releasing untreated sewage and are now seeking solution.
11. Treating Grey water and Kitchen wet waste: Based on the special request made by the members of CoE, DRDO is in the process of carrying out further research to find a solution for treating grey water and kitchen waste released from the houseboats. A composite bio-digester tat takes care of sewage, grey water and kitchen waste will be the best and most workable solution for the houseboats. It is now for over a hundred years that houseboats are plying on the Dal- Nageen Lake; it is doubtful whether a solution as given above would have emerged without the strong directions from the Hon H C and the interest and perseverence of the CoE.
12. Carrying Capacity of the Lake: The number of houseboats and other carriers on Dal-Nageen had been growing unrestricted. The Hon'ble High Court had given directions to the Tourism Department to assess the maximum carrying capacity of the Lake and the same was pending for long. Later, the CoE discussed the matter with the officials from the Tourism Department who expressed their inability to carry out such an assessment or to prepare a Report. They suggested assigning a study to an outside Agency at a cost of over Rs 20 lakhs and that would take minimum 6 months to complete! Under the circumstances, the CoE gathered the required data and immediately prepared the Report and submitted the same to the Hon'ble High Court thus saving expense and time. Based on the directions of the Hon'ble High Court, the Deptt. of Tourism has now drafted the guidelines for registration of Houseboats and other carriers on the Dal-Nigeen Lake basing the guidelines on the Report on Carrying Capacity prepared by CoE. If the report were to be assigned to an outside agency we would still be waiting for the report and the coming tourist season would pass.
13. Apart from the above, the Houseboat Owners Association has been in constant touch with the CoE sharing their long experience and making suggestions for improvement that are systemic as well as practical. The draft guidelines of the Tourism Department were scrutinised by the CoE and based on the suggestions made, the revised PIL 159/2002 8 of 13 guidelines have now been submitted on 16.01.2020. It is expected that with necessary approval from the Hon'ble High Court, the system of registration of houseboats and other carriers can be put in place before the coming tourist season, i.e., April-May 2020. Meanwhile, the Tourism Deptt. informs that under the directions of the Hon High Court, it has also completed the geo-tagging of each houseboat on Dal.
14. Developing Dol Demb: After much study and cogitation the CoE Members are of the opinion that there is need to prevent water stagnation around the houseboats. For this reason and in order to provide a green-field tourist site, LAWDA had agreed to develop Dole Demb by taking up the project lying dormant for many years. With CoE advice the work started about 4 months back but progress is slow. The frequent change in VC is one of the causes.
15. Protection of Catchment Areas and Declaration of Dal-Nigeen Lake as Eco sensitive Zone: After continuous persistence from the CoE Members, the draft Notification to declare Dal-Nageen as Eco-sensitive Zone was prepared and shared with the CoE at the Meeting on 8th Jan 2020. The CoE Members have scrutinized the draft and the comments of the CoE have been communicated to the HUDD and VC LAWDA.
16. Geo-tagging of Saffron Fields: The CoE members have also suggested the geo-tagging of the saffron growing areas near Srinagar. When the CoE Members visited the site, it was found that land use has changed to residential in some parts of the saffron growing areas; in some other parts, the farmers have been forced to give up saffron farming due to the adverse impact of excessive mining in the surrounding hills and the dust pollution caused. Saffron occupies a unique place in the culture and economy of Kashmir. The Saffron grown here is said to be exclusive and of a superior quality. Hence, earlier the geo-tagging of the area takes place and the farms are protected, better it is for the State.
17. Organic Farming: With the assistance of ICAR the CoE has initiated a drive to switch over from chemical to organic farming. The flow-in of chemical Nitrogen, Phosphorus and Potassium from the farm-lands in the catchment areas has been a cause of pollution in the Lake. The Agriculture Deptt in J&K, the Agriculture University and others concerned have been engaged to convert all agriculture including horticulture in the catchment into PIL 159/2002 9 of 13 organic within a targeted period. Both golf links around the Lake have been advised to switch to organic fertilisers and pesticides and to allow enough leachate area into the draining system so that extent of flow of remnants of NPK and micro-nutrients into the Lake can be minimised. It is also envisaged that pisciculture can be made safe and popular within the Lake. Proposals to extract value-added products from the weeds harvested from the Lake and to use the weed for bio-fuel is also being actively examined by expert agencies.
18. Relocation and Rehabilitation: The CoE has been insisting on reasonable and accurate figures of title -holders within the Lake and encroachers within the Lake area. The Govt. of J&K is yet to come up with reliable and accurate figures on both. Now after repeated discussions, VC LAWDA has agreed to provide the same by 31 Jan 2020. The Govt. has been clearly explained how without accurate figures on the number of potential rehabilitees, any rehabilitation plan is bound to fail.
19. Regarding the Site for Relocation and Rehabilitation:
The State Govt. has been considering more than one site. In view of the urgency expressed by the CoE on number of occasions to the Chief Secy, Pr. Secy UD and VC LAWDA, it appears that Rakh-e -Arth is the identified site. There is much delay in getting the layout plan of the proposed colony. The CoE has repeatedly informed the State Govt. that the proposed township for rehabilitees should be such that it would provide for all basic infrastructure, civic services and back-up support so that the rehabilitees are encouraged to move from Dal- Nageen to the relocation side and enjoy the quality of life that is better than what they now face at their current location.
Further, during site visits by CoE members to Rakhi-e Arth it was found that the locality is in abominable condition with poor infrastructure, lack of civic services and frequent water- logging. After receiving directions from CoE, VC LAWDA has arranged a local health centre, a primary school and a playground. But a ration shop, a skill centre and regular bus service from Rakhi-e Arth to the Dal area (preferably electric bus) is still awaited. Many of the rehabilitees are still employed in the Dal commercial centres and need regular transport service. An Asst Engr, LAWDA has now been PIL 159/2002 10 of 13 posted there full-time; the local grievance that the officials visit the site only when CoE comes, has been redressed.
A large number of rehabilitees have transferred the assigned plots; there were inconsistencies in number of plots assigned and the entire system was under the control of brokers in collusion with some staff within Lawda. Based on a complaint submitted to the CoE, and a prima facie case, technical staff were reverted to their parent department/s. And enquiry initiated. Even now, placing their trust on the CoE, Dal rehabilitees have been submitting data on instances of illegal practices within LAWDA to the Members. This data has been shared with the VC but there is no feedback to the CoE whether any enquiry has taken place and result of such enquiry/ies. A Help counter was set up in LAWDA office and brokers' entry barred. But with change in VC, it is reported that brokers are back in business.
20. The Bathymetric Study: The bathymetric survey carried out by the Indian navy has been prepared under the coordination and guidance of the CoE with advice from Retd. Vice Admiral Shri S.K. Jha. The study provides the depth of the entire Lake which would be useful while considering dredging activities in future.
21. De-weeding: The clearing of weeds and lilies from the Lake are a major requirement. The CoE had directed the VC LAWDA to come up with a plan to provide a time-bound schedule so that Dal-Nageen can be free from weeds by a target date. Given the present machinery available with LAWDA and manpower engaged, it is evident that if the work continues at the present rate, the Lake would never be free from weeds. The rate of growth of weeds is higher than the rate of clearance. An IT expert was brought in from Bangalore who is doing such maintenance work monitoring of the Railway tracks. However, the App developed by him could not be enforced in LAWDA for various reasons including disinterest on the part of the staff.
Thereafter, CoE Member, Dr. E. Sreedharan through personal interest taken by him came up with a prototype prepared by an agency linked to the Cochin Shipping Yard Corporation. Both the cost and the effectiveness of the prototype is projected to be much superior to the water- masters now being imported by LAWDA: the cost is less than PIL 159/2002 11 of 13 1/3rd and de-weeding capacity twice as much. Further, being indigenous the problem of frequent break down and lack of service backup will not be there. The proposal for purchase of machinery submitted by VC LAWDA was for tens of crores with import components which can now be saved through indigenous purchase at much less cost. The first prototype is expected to be delivered by April 2020.
22. Capacity Building: Lack of professional competence within LAWDA and the technical staff in drafting tender documents, preparing Bill of quantities, etc. is very evident. A team from LAWDA and Tourism department were deputed on a study tour to experience the houseboats in the backwaters of Kerala and to meet their counterparts there. DMRC has agreed to hold training sessions on project preparation, monitoring and evaluation, tender drafting, etc."
11. We are informed by Mr Tufail Mantoo, Vice Chairman, LAWDA, that in compliance of the directions made by this Court on 26 th December, 2019 regarding aerial photography and videography of all the buildings and structures in and around the Dal Lake, tenders have been issued and the process shall be finalized by 15th March, 2020. On request of Mr Mantoo, the time for completing the photography and videography is extended by three months with effect from 15th March, 2020.
12. We are further informed by the Vice Chairman, LAWDA, that the Committee of Experts is visiting the Dal on 6th and 7th March, 2020 and would be evaluating the actions taken by all the authorities on the subject matters which are under consideration. Let the evaluation of the action taken and also required to be taken by the authorities as assessed by the Committee of Experts be placed before us before the next date of hearing.
13. We are informed by Mr Sheikh Mushtaq Ahmad, Advocate, representing the Houseboat Owners that certain land appears to have been identified for the purpose of rehabilitation of Houseboat owners who wish to give up the houseboats. The Vice Chairman, LAWDA, and Secretary Tourism Department shall examine the aspect of rehabilitation of the houseboat owners immediately and take a decision. The same shall be placed before the Committee of Experts for its evaluation.
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14. In case the matters under consideration by the Committee of Experts require experts in ecology and bio-diversity, the COE may join Professor C. R. Babu, Professor Emeritus, CEMDE, Delhi University, Delhi, Professor Zaffar, Department of Rotary, Kashmir University and Dr. Shakeel Ramshoo, internationally renowned expert in Bio-Diversity, in their deliberations with regard to the ecology and bio-diversity issues of the Dal Lake.
15. In the order dated 6th February, 2019 passed on IA No.01/2019 in PIL No.159/2002 passed by this Court, the Vice Chairman, LAWDA, was directed to submit the proposed action to be taken with respect to the 242 encroachments identified by LAWDA in and around the Dal Lake. No steps appear to have been taken for removing the unauthorized constructions identified by the official respondents.
A report in this regard shall be placed by LAWDA before the Committee of Experts before the next date of hearing.
16. As already directed, all authorities and parties shall remain bound by the orders passed by this Court and the directions of the Committee of Experts.
17. List again on 1st April, 2020.
18. Let copies of this order be given to learned counsel for the parties under the seal and signature of the Bench Secretary.
(DHIRAJ SINGH TAHKUR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Date:25.02.2020
Abdul Qayoom, PS
PIL 159/2002 13 of 13
ABDUL QAYOOM LONE
2020.02.26 16:49
I attest to the accuracy and
integrity of this document