Jammu & Kashmir High Court - Srinagar Bench
Syed Iqbal Tahir Geelani vs State Of J&K; And Others. on 27 November, 2018
Bench: Chief Justice, Sanjeev Kumar
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No.159/2002
Date of order: 27.11.2018
Syed Iqbal Tahir Geelani v. State of J&K and others.
Coram:
HON'BLE THE CHIEF JUSTICE.
HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE.
Appearance:
For the appellant(s) : Mr. Z. A. Shah, Sr. Advocate, Amicus Curiae,
With Ms Farah Bashir, Advocate.
Mr A. H. Naik, Sr. Advocate, Amicus Curiae,
with Mr Zia Ahmad, Advocate.
For the respondent(s) : Mr B. A. Dar, Sr AAG.
MsAsifaPadroo, AAG.
i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No
01. This important public interest litigation was filed in the year 2002 alleging large scale release of pollutants in to the Dal Lake, misuse and encroachment into the Lake and complete insufficiency of the administration in managing the Lake. It is noteworthy that crores of rupees have been pumped into efforts for saving and protecting the Dal Lake but none of the measures have shown any result at all.
02. The matters have reached such an impasse that unless the issues are addressed immediately, the battle may well have been lost--even before we have begun to fight the rot. This case is yet another reminder of the unassailable proposition that interests of the environment cannot be compromised, that they PIL No.159/2002 Page 1 of 21 must be placed well above individual interests and their impact is beyond any boundaries, that is to say universal in impact.
03. From 2002 when the writ petition was filed till 2018, a series of orders of the Court have also proved to be of no avail. These orders include the order dated 23rdMarch, 2009 declaring the Dal Lake custodia legis. Appointment of two Vigilance Commissioners who were required to visit the Dal Lake as far as possible on daily basis and submit weekly report, also did not stem the damage. On 27th April, 2016, based on a commitment given to this Court, the State Government set-up a Monitoring Committee headed by the Chief Secretary with various Government Officers as its members.
04. We were also informed that there also exists a Scientific Advisory Committee which is stated to have met from time to time to discuss the possible ways of protecting the Dal Lake and advise the Monitoring Committee.
05. In 1997, the State Government set-up the Jammu & Kashmir Lakes and Waterways Development Authority („LAWDA‟ hereafter).
06. We are informed that LAWDA has a sanctioned staff strength of 341 with existing staff strength of 266 and a sizable number of employees are also engaged on temporary basis. Additionally, some workers are outsourced by the LAWDA.
07. In view of the inability of all these authorities and measures proving to be of no consequence in the matter at all, we, by our order dated 11 th October, 2018, constituted a Committee of Experts („COE‟ hereafter), consisting of the following:-
a) Dr. Nivedita P. Haran, IAS (Retired), Former Additional Chief Secretary, Home Department, Government of Kerala--Coordinator.
b) Dr. Mangu Singh, CEO, Delhi Metro Rail Corporation, New Delhi--Member.PIL No.159/2002 Page 2 of 21
c) Mr M. C. Mehta, Renowned Environmentalist, who hails from the Jammu and Kashmir State--Member.
d) Mr. ElattuvalapilSreedharan, (IES Retd., Former Chairperson, Delhi Metro Rail Corporation and Member, Mata Vaishno Devi Shrine Board--Consultant.
08. The terms of reference of the Committee of Experts (COE) are:
a) ascertaining the status of the Dal Lake;
b) ascertaining all measures required to be undertaken for its restoration, maintenance and preservation as well as all ancillary issues including securing the banks of the Dal Lake;
c) re-settlement, relocation and rehabilitation of persons residing or carrying on business on its banks or in the Dal Lake (say in Houseboats etc.,) and their rehabilitation;
d) drawing of strict time lines from issuance of NITs to completion of work and monitoring the execution;
e) digital mapping of the lake and land concerned with the project, if already undertaken at different times, shall be placed before the Committee of Experts;
f) digital monitoring as would be directed by Committee of Expert would be undertaken;
g) any other issue or matter noted by the Committee as being in the interest of the Dal Lake.
09. We have today before us the First Report of the COE, which has been received under a cover of the letter dated 20.11.2018 from Dr. Nivedita P. Haran, Coordinator of the COE.
PIL No.159/2002 Page 3 of 2110. In para 5.2 of this report, we stand informed that within the short period of about two months, this COE has collected first hand evidence and interacted with a host of experts, both scientific and technical, officials at every level and non-state actors.
11. We are also informed by Mr A. H. Naik, Amicus Curiae that the COE has already conducted a physical inspection of the Dal Lake in Srinagar, conducted several meetings with all concerned including experts in the field and that it has received inputs from experts across the globe.
12. In para 4.3 of this report, COE has informed the Court that well-meaning experts and private companies have also reached out to the COE offering to share technology with them and the knowledge base acquired by them over the years. This First Report is the outcome of its initial deliberations. It is accepted and taken on record. It shall bind all persons and authorities.
Important observations.
13. In order to appreciate the urgency of the matter, we extract hereafter certain imperative observations made by the COE:
"4.1 During the extensive meetings held with the officials of the Government of J&K, it appears that there is no dearth of authorities or regulations. The problem seems to be primarily of enforcement and implementation. Even after the setting up of LAWDA, an Agency responsible exclusively for the Dal Lake protection, there has not been much of an improvement. The State Pollution Control Board carries out the responsibility of regular testing of water from different sources. The Report submitted by SPCB shows that in almost all critical parameters that measures the water quality, the figures are alarming. The dissolved oxygen (DO) in many cases is 2.5 times less than the desirable limit of 5mg/litre. The biological PIL No.159/2002 Page 4 of 21 oxygen demand (BOD) content is even worse, it is upto 6 times the desired level of 3 mg/litre. The chemical oxygen demand (COD) level ranges between 13-155 mg/litre whereas the desirable limit is 10 mg/litre. Interestingly, the samples picked up from the areas where the effluent from the STPs is released shows some of the worst parameters.
4.2 In addition to the presence of water weeds, namely, Azolla, Solvinia, etc. the Lake has green algae patches. According to the latest govt reports the presence of red algaebloom has sounded an alarm bell as this indicatesexcessive nutrients, temperature, sunlight, ecosystemdisturbance that all go to show the poor health of the Lake.These are all signs that the Dal Lake is dying. The pollution load in the Lake has reached such alarming levels that unless something is done with urgency and alacrity, it may be impossible to save the Lake."
(Emphasis by us)
14. It has been further observed in para 4.2 of the report that it is believed that about 50% of the population of Srinagar survives on economic activities that involve the lake and for about 30% more, the lake provides a subsidiary source of gainful employment.
15. In para 5.2, the Committee has observed that the COE "is convinced that if situation continued with business as usual, the lake will not survive beyond 30 years maximum. This is corroborated in the Vision Document as well and is also the opinion of majority of experts. The continued existence of the Dal Lake is imperative for climatological, geological, ecological, economic and socio-cultural reasons. The Dal is the epicenter of Kashmir and a pride of this place, nay, our country. Tourists visit Srinagar only for a glimpse PIL No.159/2002 Page 5 of 21 of the Lake, to admire its beauty and to take a ride on its once-sparkling clear water. The flow-in of pollutants into the Lake has continued unrestricted for so long now that it has turned the Lake into a congested, sludge-filled, weed- infested body. If the Dal is to be saved, many of the cruel, inconsiderate, and some criminal activities need to stop and stop at the earliest."
(Emphasis supplied) Main pollutants
16. Before considering the steps, which have been proposed by the COE, in para 3.9, the Committee has pointed out the main polluters of the Lake which include the following:
(i) The Dal dwellers who reside in the Dal interiors, in the hamlets, in pucca and kuchha houses, in the constructions that are adjunct to the house boats, in the house-boats and in the dunga boats. The sewage generated by all these persons, including night soil, sullage and solid waste are all released into the Lake.
(ii) Houseboats numbering 911 out of which 910 stands registered. These houseboats do not have any sewage facility and, therefore, discharge all waste that includes night soil, solid waste and sullage into the Lake.
In para 4.7, the Committee has observed that there is no policy regarding the carrying capacity of the Lake for the Houseboats or their management in the Lake.
It has been observed that the houseboats are anchored helter-skelter and in many cases the owners of the houseboats have illegally constructed huts and Paka rooms in which they are running commercial establishments. These constructions are blatant encroachments.
PIL No.159/2002 Page 6 of 21(iii) Dunga Boats numbering 140 housing the persons who serve the houseboats and where cooking etc., for the guests is done, discharge allthe waste into the Lake.
(iv) Floating Gardens which existed earlier have illegally been expandedleading to coverage of the water area to analarming level. The cultivators in these gardens to increase production use substantial quantity of chemical fertilizers and pesticides which is the major source of pollution in the Lake.
(v) Existing Sewage Treatment Plants (STPs) with the designed capacity of treating 53.8 MLD as against the actual treatment of 47.8 MLD leaving an unutilized capacity of 6 MLD. These STPs based on FAB technology and SBR technology which are outdated technologies not suitable for the area are releasing effluents into the Dal Lakeleading to increase in BOD and COD levels.
The COE has reported in para 5.3.9 that these STPs have not functioned very effectively.
(vi) Un-sewered area on the northern side of the Lake that adjoins Shalimar, Harwan and Telbal spread over an area of 500 hectare with over 3500 dwelling units and many more commercial establishments which do not come under any STP coverage and sewage from these areas enters into nearby nallahs which flows into the Dal Lake.
(vii) Other sources litterstrewn along the banks of the Lake that originate mainly from the tourists who come to visit the banks or who go by boating on it, eventually flows into the Lake.
(viii) Lack of public toilet facilities or waste bins. The COE has observed that there is no free or pay and use public toilets visible along the Lake.
(ix) Catchment areas. A total catchment area covering 337 Sq. Kms has been identified as extensively cultivated. The cultivation is undertaken by laying out layers of weeds which is leading towards slow death of the PIL No.159/2002 Page 7 of 21 Lake. Remnants of commercial fertilizers and pesticides used by the farmers are flowing into the Dal Lake. Combined with unabated inflow from the effluent channels and sewage has led to heavy presence of organic nitrogen and phosphates resulting in heavy growth of Azolla and Water Lily nudging out even the Nadroo which is a valued food item in the area.
In para 5.3.2, it has been observed by the COE that "it could not find any way in which such cultivation can continue without harming the Lake. Hence in the interest of the Lake, cultivation of vegetables within the Lake needs to be stopped completely."
(x) Sedimentation and siltation into the Lake through Telbal Nallah records estimate that 60 tonnes per hectare per year of silt flows into the Lake. Settling basin constructed in the year 1997-98 has reduced the settlement load to about 50-58%.
(xi) The managing of the Solid Waste which include the waste generated by the de-weeding process. The Committee witnessed how the de-weeded waste from the Lake was dumped in heaps on the pavement causing foul odour and creating hurdles for pedestrians. After its drying up in the sun, it is set to fire and the ash thereof flows back into the Lake. The Committee observed that there is insufficiency in the transportation of this waste to the dumping sites which did not match the speed of de- weeding. This problem was mentioned to the COE by the Vigilance Commissioners and local residents.
Reduction of Pollutants in the Dal Lake by relocation of families living within the Lake or on its periphery.
17. An in-depth analysis has been undertaken by the COE with regard to the continued occupation of families within the Lake or its peripheries and the PIL No.159/2002 Page 8 of 21 polluting impact thereof. In para 4.5, the Committee has divided these dwellers into;-
(i) those who own and manage the houseboats, carry out agriculture on the floating gardens or ply the shikaras.
(ii) Those engaged in other commercial activities.
18. The Committee has concluded that this occupation cannot continue at all if the Dal is to be saved. The COE has recommended rehabilitation of these families and in para 4.5 (at page 13) of its report, has recommended different methodologies for rehabilitation of these two categories.
19. So far as the first category who own and manage the houseboats, carry out agriculture on the floating gardens or ply shikaras are concerned, the COE has recommended that they need to be relocated somewhere close to the Lake as their livelihood depends on it or they need to be assisted in starting the same vocation-based livelihood in the relocated site.
20. So far as the second category is concerned, this consists of those working in nearby hotels and restaurants or are engaged in selling artefacts or engaged in other tourism-linked vocation. These persons may find it easier to take up some gainful employment in the relocated site.
Immediate steps for protection of boundaries and development of the Lake Shore.
21. In order to ensure a sustainable solution against encroachers and illegal constructions, it is imperative to protect the existing boundaries of the Dal Lake. For this purpose an embankment must be put all along the periphery of the Dal Lake. The COE has observed that a peripheral road running around the western and northen boundaries which is lacking in the southeast area where most of the hamlets are located.
PIL No.159/2002 Page 9 of 21Issue of Re-location and Rehabilitation
22. The COE has reported that the State Government has started process of identification and relocation of families to a site at Rakh-e-Arth. The site visit by the Committee has shown that even for the Phase-I, there are several problems of power supply, water supply and sewerage. There is no system for solid waste management and road construction is incomplete. There is a need to set-up Government School, college and public health centre. Additionally, community facilities in the nature of community centre, playground, skill training centre for the youth is required.
23. The COE has also suggested that this would be an ideal location for setting up handloom and handicraft centre for persons who know the trade can work and the items produced could be sold through sale centres at places where the tourists visit including near the Dal Lake.
24. The very important issue pointed out is about the families who have moved to Rakh-e-Arth still continue to occupy the dwelling units and land in the Dal Lake periphery. To say the least, this reflects apathy and neglect on the part of the relocatees today.
Observations
25. Can these problems be surmounted? In para 4.3, the COE has observed that identification of best suited technology which is efficient, cost effective and sustainable may stem the rot. Furthermore, release of effluent even after its treatment by STPs whatever be the technology is a questionable decision which needs to be revisited. The COE has pointed out successful cleaning of lakes with right technology by Switzerland, Finland, Singapore and Thailand.
26. The Committee has presented its recommendations by way of actionable points classified as short, medium and long term. The short term measures PIL No.159/2002 Page 10 of 21 which brook no further delay have been assessed as implementable within the next few months. They have been set out in para-5 of the first report.
27. The copy of the report was made available to all the parties. We have given our careful thought to the submissions made by counsels as well as the recommendations made by the COE.
28. There is no doubt at all that this matter can brook no delay at all; that multipronged actions are required to be undertaken; that the efforts have to be on war footing; that the public especially the lake dewellers have to contribute to the herculean effort needed and all actions must commence immediately, failing which the Dal Lake will die.
Directions for implementation
29. Upon a deep consideration of the entire matter, the First Report of the COE and the submissions of counsels, we direct as follows:-
(I) Empowering LAWDA & making it efficient and accountable.
(i) The Chief Secretary may sufficiently empower the Vice Chairman appointed to head LAWDA to take steps for cohesion in its working and provide able and accountable leadership with commitment to the objective.
(ii) The Chief Secretary may examine the recommendation of the COE made in para 5.3.1 with regard to creation of a fully dedicated and empowered „Dal Lake Conservation and Development Authority‟.
(II) Steps towards gradual elimination of floating gardens:
(i) The COE may examine and recommend to LAWDA the manner in which the existing boundaries of floating gardens be marked immediately so that there is no expansion thereof.PIL No.159/2002 Page 11 of 21
(ii) LAWDA shall put non-removeable markers indicating present boundaries of the floating gardens. These may also be put on paper and supported with video and photographic evidence.
(iii) LAWDA shall immediately ascertain the details of families exclusively dependent on vegetable cultivation within the Lake within a period of one week from today.
(iv) LAWDA shall draw out and implement the plan to rehabilitate such families providing them avenues for gainful employment including agriculture as there will result an unmet demand within the city for the vegetables itself, upon dismantling of these gardens.
(v) LAWDA shall undertake effective steps for simultaneous cessation of all vegetable cultivation and rehabilitation of the growers over the next three months.
(vi) LAWDA shall make every effort to ensure that the rehabilitees‟ can begin cultivation at the new site without losing a season and earning their earnings. The exercise of dismantling and clearing floating gardens shall be completed within six months.
(III) Steps for stopping sewage of effluents from commercial establishments including hotels, restaurants and shops which are releasing sewage into the Dal Lake directly or through Nallahs.
(i) LAWDA shall forthwith issue notices asking all the commercial establishment to install technically suitable and environmental friendly arrangements within three months for treatment of sewage and sullage (grey water) within their premises itself without releasing any sewage or sullage into the Dal or into any Nallah that flows into the Dal or any other Lake. The establishment shall be directed to intimate LAWDA of the PIL No.159/2002 Page 12 of 21 compliance of the directions which shall be subject to inspection by LAWDA and the J&K State Pollution Control Board.
(ii) These notices shall be additionally served by postings on LAWDA website and pasting outside the premises of the establishments.
Photographs may be taken of the pastings. This will be sufficient notice to the establishments.
(iii) In case of failure to comply with the directions, „the polluter pays' principle would apply.The polluting unit shall have to shut down its operations and deposit a penalty of a minimum of Rs.50,000/- with LAWDA, subject to enhancement by this Court upon consideration of the nature and magnitude of the violations.
(iv) It shall be the responsibility of the State Pollution Control Board to regularly test the discharge from the commercial units and place the results in the public domain on its website.
(IV) Stopping pollution of the Lake from Catchments.
(i) LAWDA and the State Government shall forthwith undertake steps for generating awareness among families living and cultivating in the catchment areas and upstream. Vigorous use of the print and electronic media should be used for this purpose.
(ii) The Vice Chairman of LAWDA shall notify technical and scientific experts who shall be assigned specific locales to generate awareness and enable farmers to shift to organic farming.
(iii) LAWDA shall examine the possibility of prohibiting use of chemical fertilizers and pesticides in the catchment areas.
PIL No.159/2002 Page 13 of 21(iv) We would request the COE to examine the necessity of prohibition as at S.No. (iii), above, and submit a report to us.
(V) Stopping the pollution from the Houseboats.
(i) In order to tackle the night soil from the Houseboats, the State Government and LAWDA must immediately assess and evaluate the optimum number of houseboats which could be permitted to be anchored in the Dal Lake and submit a report to the COE and us before the next date.
(ii) In case the existing number of houseboats is beyond the ideal number, registrations/ licences of houseboats which lapse should not be renewed and steps should be taken to bring the maximum number to the ideal number of house boats.
(iii) LAWDA must identify houseboats which are anchored illegally in the Dal Lake and forthwith stop their operation and remove them from the Lake.
(iv) Our previous orders prohibiting registration/ licences shall continue till further orders.
(v) In order to tackle night soil from the houseboats, each houseboat needs to be fitted with bio-digesters. The steps in this regard have been initiated by the State Government. The most suited model which is efficient, cost effective and easy to be maintained should be procured on due diligence at the earliest.
(vi) As proposed by the State Government (and recommended by the COE), while the fitment of the bio-digesters should be undertaken at Government‟s cost, but its further maintenance and management should PIL No.159/2002 Page 14 of 21 be at the cost of the houseboat owners. The State Government shall forthwith notify all houseboat owners of the above.
(vii) The effluents from the bio-digesters should be further treated to fully comply with the State Environmental norms.
(viii) Every effort should be made to ensure bio-digesters are fitted in all house boats before winter is over.
(ix) The further and final recommendations of the COE and its go-ahead to LAWDA expected within a month‟s time (para 5.3.5 at page 19 of the report) shall be also awaited and complied with.
(VI) Removal of encroachments/ un-authorized constructions by houseboat owners.
(i) LAWDA shall take immediate steps for removal of the illegal encroachment and constructions effected by the houseboat owners near the houseboats.
(ii) LAWDA shall issue seven days notices to the houseboat owners for removing the illegal constructions, encroachments, activities and thereafter the same shall be removed by LAWDA. The notices issued shall inform the houseboat owner that its registration and licence would stand revoked/ cancelled in case the illegal construction/ encroachment and activity is not removed forthwith.
(iii) A report in this regard with photographs before and after removal shall be filed by LAWDA on court record before the next date of hearing.
(VII) Efficient Solid Waste Management around the Lake
(i) The Srinagar Municipal Corporation should put in place a system of segregation of garbage at source around the Dal Lake within a month.
PIL No.159/2002 Page 15 of 21(ii) Colour coded garbage bins be placed in strategic and designated points for domestic households and commercial establishments.
(iii) Appropriate locations away from the Lake be identified by Srinagar Municipal Corporation for composting, generating bio-gas and for recycling the waste. It should be ensured that there is no chance of the waste flowing into the Lake.
(iv) In order to prevent littering, it is imperative that Solid Waste Management Bye-Laws prescribing fines for littering are expeditiously notified. In this regard, the Government must ensure compliance with our orders dated 19th November, 2018 and 27th November, 2018 passed in PIL Nos.42 of 2014 entitled Rajinder Singh v. State of J&K (pending in the Jammu Wing) and PIL No.484 of 2010 entitled Pahalgam Peoples Welfare Organization v. State of J&K and others (pending in Srinagar Wing).
(VIII)De-weeding of the Lake.
This matter is still engaging the attention of the COE. We shall await its final proposal.
(IX) Prevention of effluents from Sewage Treatment Plants coming into the Dal Lake
(i) LAWDA shall forthwith provide the sewerage network map to the COE.
(ii) LAWDA shall also provide the COE the sizes of the STPs; their capacity utilization; the technology used; their efficiency based on testing of discharge etc.
(iii) The COE shall examine the efficacy of smaller effluent treatment plants as mentioned in para 5.3.9 of its report and make its recommendations.
PIL No.159/2002 Page 16 of 21(iv) The COE shall also consider the possibility of diverting effluents of the STPs straightway to downstream of the Dal Lake. This Court shall await the recommendations of the COE before passing orders.
(X)Protecting the existing boundaries of the Dal Lake
(i) LAWDA shall take effective steps for maintenance of the peripheral road along the western and northern boundaries of Dal Lake.
(ii) LAWDA shall establish a footpath and dedicated cycle path on such boundaries of the Dal Lake where no road exists especially the south east boundaries.
(iii) LAWDA shall ensure that street lights all along with boundaries are installed and functional.
(iv) The State Government and LAWDA shall ensure that no construction within the boundaries of the Lake are permitted to exist.
(v) The boundaries of the Lake shall be displayed on the website of the LAWDA.
(XI)Disseminating information.
(i) The State Government and LAWDA should undertake an information disseminate campaign and drive in every manner including print, electronic media, bill boards, handouts, pamphlets etc.,involving the citizens of Srinagar, houseboat/dunga/ shikara owners, hoteliers, traders etc., regarding the importance of Dal Lake for their survival, the legal provisions and the directions of this Court,so that they are persuaded and encouraged to take pride and public ownership in the Dal Lake and facilitate its protection and preservation.
PIL No.159/2002 Page 17 of 21(XII) Determining the actual boundaries of the Lake
(i) Given the number and nature of encroachments reported by the Committee, it is essentially to determine the actual boundaries of the Lake. We, therefore, direct the Secretary, Department of Environment and Forestof the State Government to forthwith make available geological or any other maps; satellite, digital or other imageriesand maps setting out the boundaries of the Lake and the variations thereof over a period of time.
(ii) These documents shall be furnished within one week to the COE which shall examine the same and make its recommendations.
(XIII) Further directions
30. In addition to the directions made by us on 18 th September, 2018 and 11th October, 2018 as well as above, we direct as follows: -
(i) The State Government and LAWDA under the signature of the Vice Chairman, shall submit weekly reports to the COE.
(ii) All the authorities shall designate persons responsible and accountable for actions which are to be undertaken. Information thereof shall be furnished to the COE within one week from today. In case of failure to comply with the directions, the COE shall fix the accountability.
(iii) The COE shall closely monitor implementation of all directions made by this Court. The COE shall, at its discretion, conduct physical inspections;
call for reports from the authorities and ensure adherence and maintenance of all time lines.
PIL No.159/2002 Page 18 of 21(iv) The COE may give its observations and expert opinion to the authorities on the several steps being taken. The authorities shall abide by these directions received in the best interest of the Dal Lake.
(v) In case of dalliance/ neglect/ failure to abide by time lines or by time lines by any authority or person(s), the COE shall report same to this Court and a strict view shall be taken of the matter.
(vi) The COE may have conferences and deliberations with the Monitoring Committee; Chief Secretary; Secretaries and Officers of the Government Departments; experts and any other persons using the electronic mode including the video conferencing.
(XIV) Measures regarding rehabilitation and relocation
(i) The concerned authorities including LAWDA shall ensure that the process of identification of families who are required to be relocated is completed at the earliest. Full details thereof should be put on record and placed in public domain on their website. Public notice of the details be published in newspapers as well. This shall be deemed sufficient notice to these evictees.
(ii) Liberty is given to such persons to make representations of any special circumstance to LAWDA. The LAWDA may place these representations along with its observations thereof before the COE which would take a view in the matter.
(iii) The authority which is concerned with development of the relocation site shall ensure that the problems of water supply, power supply and sewerage are forthwith addressed.
(iv) A proper sewerage map be placed and a system for solid waste management at the relocation site be put in place.
PIL No.159/2002 Page 19 of 21(v) The concerned authority shall place before us details of all steps necessary for ensuring proper infrastructure in the Rakh-e-Arth with time lines which would include provision for a Government school, college, health care centre as well as community facilities in the nature of a community centre, playground and skill training centre for the youth as well as the internal circulation roads.
(vi) LAWDA shall give details of the families who have been shifted; the land from which encroachment has been removed and steps taken for protecting the same. A report in this regard be placed before the COE which may physically verify the same.
31. We have been informed by Mr Z. A. Shah, learned senior counsel and the Amicus Curiae, that the term of the Scientific Advisory Committee has come to an end. In view of the observations of the COE in para 5.3.8, no extension of this Committee is necessary. We accept its recommendation that the Monitoring Committee may seek scientific advice on specific issues. If requested, short term committee for this purpose can be set up as and when required.
32. We make it clear that violations of any of the directions passed by this Court in our previous orders and today shall invite strict action against the violator(s) including initiation of the contempt proceedings under the Jammu & Kashmir Contempt of Courts Act, 1997.
33. It is also made clear that the above directions are interim directions. Further directions shall be made upon consideration of the further reports of the Committee of Experts.
34. List on 17.12.2018.
PIL No.159/2002 Page 20 of 2135. Let a copy of this order be given Dasti to learned counsel for the parties as well as the Amicus Curiae and a copy be also sent to the Committee of Experts. Copies may also be sent by electronic mode.
(SANJEEV KUMAR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Srinagar
27.11.2018
Abdul Qayoom, PS
PIL No.159/2002 Page 21 of 21