Jammu & Kashmir High Court - Srinagar Bench
Syed Iqbal Tahir Geelani vs State & Ors. on 14 February, 2019
Bench: Chief Justice, Sanjeev Kumar
Serial No. 16
Suppl. List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No. 159/2002 Date of Order: 14.02.2019
Syed Iqbal Tahir Geelani
Vs.
State of JK & Ors.
Coram:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
Appearance:
For appellant(s): Mr. Altaf Naik, Sr. Adv. learned Amicus with Mr. Zia Ahmad Shah,
Adv.
For respondent(s): Mr B. A. Dar, Sr. AAG & Ms. Asifa Padroo, AAG
i/ Whether to be reported in Yes/No
Press/Media?
ii/ Whether to be reported in Yes/No
Digest/Journal?
1. The Third Report of the Committee of Experts dated 6th February 2019 has been perused by us. The report reflects the tremendous efforts being put in by the Committee of Experts and its laudable suggestions. Unfortunately, no Action Taken Report with regard to our previous orders or the suggestions made by the Committee of Experts has been placed before us. Mr. Dar, learned Sr. AAG submits that the Action Taken Report could not be filed for the reason that under orders of the Chief Secretary, Shri Prasanna Ramaswamy stands recently appointed as Vice Chairman, LAWDA who is holding full-fledged charge of the organization, and has to file the same. Mr. Dar, learned Sr. AAG assures us that Shri Prasanna Ramaswamy shall examine the matter on urgent basis, take action in terms of the recommendations and suggestions of the Committee of Experts and the Action Taken Report shall be filed positively within three weeks from today.
2. A perusal of the Third Report of the Committee of Experts would show that there has to be interaction amongst different departments of the Government.
2.Apart from the LAWDA, the State Pollution Control Board; the Revenue Authorities; the Department of Agriculture and Horticulture; the Department of Tourism are required to take action upon the recommendations of the Committee of Experts and the orders passed by this Court. We direct the Secretaries or the Heads of all the Authorities and Departments to ensure prompt cooperation and action in response to any suggestion, direction made by the Committee of Experts or request from the LAWDA with regard to any aspect relating to subject matter of consideration by this Court or the Committee of Experts.
3. Immediate action shall be taken by the Revenue Authorities for identifying the land for rehabilitation of the owners of the floating gardens. The decision in this regard shall be communicated to the Vice Chairman LAWDA as well as Committee of Experts within two weeks. This is essential to enable the allotments and commencement of farming at the relocation sites by the persons who have to be moved.
4. The Committee of Experts shall also ensure that the authorities place a comprehensive scheme and plan for rehabilitation of all the persons who have to be rehabilitated before it. Provisions of all necessary facilities at the rehabilitation site would also be undertaken. The proposal for relocation shall be placed before the Committee of Experts by the end of this month so that the Committee of Experts can examine the same and visit the proposed site as well in its forthcoming visit to Srinagar.
5. At serial No. 3 of the Third Report, the Committee of Experts has reported about the proposal to convert weed waste from Dal Lake into 'wealth'. It is reported that NIPER, Hyderabad has come up with an innovative proposal of 'waste to wealth' i.e., to use Myriophyllum Spicatum, a weed that grows extensively in the Dal Lake for extraction of Gallic acid, that is widely used in the pharmaceutical industry and in the manufacture of preservatives and in cosmetics. DG, NIPER has been asked by the Committee of Experts to take the idea forward.
3.6. We would request the Chief Secretary to look into these observations by the Committee of Experts and to examine the possibility of the commercial utilization of the weeds.
7. LAWDA shall place a report with regard to the action taken on the public notices regarding STPs which had to be installed by hoteliers around the periphery of the Dal Lake.
8. The authorities shall also place before us the steps taken towards informing and educating the public about the directions of the court recommendations of the Committee of Experts, applicable laws and regulations etc.
9. A perusal of the report of Committee of Experts would also show that LAWDA has expressed its inability to impose a blanket ban on use of chemical fertilizers and pesticides by farmers on and around the Dal Lake. Given the dangerous irreversible consequences of the use of chemical fertilizer on the Dal Lake, which have been brought on record before us in the report of the Committee of Experts, it is imperative that till such time the Dal Lake is rejuvenated and revived, there would be no use of chemical fertilizers and pesticides by farmers in and around the Dal Lake. The only exception with regard to use of pesticides would be in case the use of pesticides is necessary in the interest of human health, say for instance, for the purpose of curtailing spread of disease. Leave to do so shall be first taken from the court. In case of any difficulty, liberty is given to any person to seek modification of this order.
This prohibition shall be implemented by the State Pollution Control Board and the local police.
10. We are informed by Mr. Altaf Naik, learned amicus curiae that Ms. Farah Bashir, Amicus Curiae has since been appointed as Deputy Advocate General and would not be able to discharge this function. In this background, we appoint Mr. Zia Ahmad Shah, Advocate as an amicus in place of Ms. Bashir.
11. List on 12.03.2019.
4.12. Copy of this order be supplied to learned counsel for the parties under the seal and signatures of Bench Secretary.
(SANJEEV KUMAR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Srinagar
14.02.2019
Altaf