Jammu & Kashmir High Court - Srinagar Bench
Syed Tahir Iqbal Geelani vs State Of J&K; And Others on 8 August, 2017
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No.01
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No.159/2002 c/w
PIL No.345/2006
Date of order: 08.08.2017
Syed Tahir Iqbal Geelani ...Petitioner.
V.
State of J&K and others. ...Respondents.
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice Hon'ble Mr Justice Ali Mohammad Magrey, Judge Appearing counsel:
For the appellant(s) :
Mr Z. A. Shah, Amicus Curiae, with Mr Sajad A. Mir, A. Amicus Curiae.
Mr Mir Naveed Gul, A. Amicus Curiae.
For the respondent(s) : Mr Manzoor A. Beigh, AAG.
i) Whether to be reported in
Press/Media. Yes/No
ii) Whether to be reported in
Digest/Journal. Yes/No.
01. With regard to the contouring of the floor/ bed of the Dal Lake, we are informed that IIT Roorkee in its Vision Document which was prepared in the year 2016 has carried out the bathymetric survey using traditional methods.
The said survey is available at page 264 onwards of the Vision Document. One interesting point which has emerged is that the Dal Lake is, as its deepest point, only 5.4 metres deep and that happens to be near Hazratbal. The Nigeen Lake is by and large deeper than the Dal Lake and its deepest PIL NO.159/2002 C/W PIL NO.3452006 1 OF 8 point would be around 6 metres deep. This is contrary to general public perception that both the Dal and Nigeen Lakes are much deeper than this. It is, however, submitted in the status report submitted on behalf of the LAWDA that accurate scientific bathymetry needs to be done using differential Global Positioning System aided by Echo Sounder. The process of obtaining the equipment to carry out such a study has been undertaken. Once such a study is done, then it would be possible to do 3D modeling of the floor/ bed of the Dal and Nigeen Lakes.
02. The Vision Document prepared by the IIT Roorkee in 2016 is yet to be approved by the Scientific Advisory Committee and the same shall form part of the subject matter of discussion in the next meeting of the Scientific Advisory Committee which is to take place on 19.08.2017.
03. With regard to the measurement of water quality of the Dal Lake, the same is being conducted by the State Pollution Control Board. The R&M Division of LAWDA which is also staffed with scientific personnel is required to do water quality monitoring but they do not have a modern laboratory. The Vice Chairman, LAWDA, is present, who states that a proposal has been put up before the Government for sanctioning of funds for setting up a modern laboratory for the R&M Division so that water sampling etc., can be done on a regular basis and steps can be taken pursuant thereto. We direct the Secretary, Housing and Urban Development Department, to ensure that this proposal is processed at the earliest. A report with regard PIL NO.159/2002 C/W PIL NO.3452006 2 OF 8 to this be placed before this Court on or before the next date of hearing. In the meanwhile, the data that is collected by the State Pollution Control Board shall be shared with the LAWDA so that they may take remedial measures immediately to ensure there is no further deterioration in the water quality and in fact steps should be taken to improve the water quality of the Dal Lake.
04. A similar exercise should be done with regard to monitoring the water quality of Nigeen Lake also. A status report be submitted with regard to this on or before the next date of hearing.
05. We are informed that in so far as the project of establishing an STP to take care of 30 million litres per day of sewage at Gupt Ganga is concerned, the DPR is under preparation by IIT Roorkee. Requisite time lines would be provided as to when the DPR would be finalized and when the entire process of tendering and installation would be completed.
06. The Monitoring Committee has been meeting and has met ten times since its establishment. The next meeting is fixed for 18.08.2017. However, we feel that the said Committee should postpone its meeting by one week after the Scientific Advisory Committee's meeting which is fixed for 19.08.2017. The minutes of the next meeting be placed before this court on the next date of hearing.
07. The Scientific Advisory Committee had its second meeting on 17.07.2017 at SKICC. After detailed discussions and deliberations, the PIL NO.159/2002 C/W PIL NO.3452006 3 OF 8 major decisions which were taken by the Scientific Advisory Committee on 17.07.2017 were as under: -
"1. The first item on the agenda was regarding the feasibility or otherwise of summer deweeding in certain parts of the lake for aesthetics in respect of a letter was circulated by the I/C R&M to all the members before hand. After deliberating on the issue, it was resolved that the J&K LDA will carry out deweeding in the summer season in addition to the practice already being carried out in Spring and Autumn seasons, but the activity shall be carried out as per the requirement and the scientists of R&M Division shall record the changes every month and submit the data to the committee. The members also felt that the spread of lily need to be stopped and as such shall be uprooted manually and mechanically.
2. Artificial wetlands shall be created at the mouth of the tributaries/ drains entering the lake, wherever land is available in order to arrest the flow of nutrient rich water directly into the lake. It was observed that this practice will to a great extent help in stopping the flow of untreated sewage into the lake.
3. It was felt by all the members that the Research & Monitoring Division is lacking in man power as well as latest equipments. The members expressed that the scientific staff has received enough experience as they have been working since last twenty years. Therefore, it was recommended that the senior most scientist of the Research & Monitoring Division may be entrusted the job of hearing the R&M Division. It was also recommended that necessary steps be taken to create promotion avenues for existing research/ supporting staff. The members observed that strengthening of the research staff as also the infrastructural facilities therein is the need of the hour. The committee also recommended that capacity building programmes be undertaken for the scientific staff.
4. All the members were of the view that all the conservation measures undertaken, in the end, ought to reflect in the improvement of the water quality of the lake. Accordingly for assessing the success of various conservation steps taken, water quality of the lake needs to be assessed on regular basis with precision so that the clear picture emerges. The committee PIL NO.159/2002 C/W PIL NO.3452006 4 OF 8 observed that the R&M laboratory of J&K LDA is deficient in modern equipment used for water quality assessment. It was therefore recommended that J&K LDA shall take immediate steps to procure latest equipments and analytical probes for assessing the concentration of vaious physic-chemical parameters of the lake water, lake sediments as well as the STPs.
5. It was brought to the notice of the SAC the R&M Laboratory does not have any motor boat of its own for the field sampling due to which regular sampling programme gets affected. The Vice Chairman, J&K LDA informed the committee that J&K LDA has already placed orders for the purchase of some motor boats and he assured that one motor boat will be kept completely at the disposal of Research & Monitoring Division for sampling purpose inside the lake, once these boats are received by the Authority.
6. Some members felt that there is need of assessing the presence of pesticide residues in the lake water, as large quantities of pesticides are being used in the immediate catchment of the lake. It was resolved that the J&K LDA shall approach SKAUST-K for extending help for estimation of pesticides in the lake waters.
7. As per the directions of the Hon'ble High Court, all the members of SAC had been supplied copies of the limnological data pertaining to the Hazratbal and Nigeen basins of the Dal lake before hand through e mail for their expert comments. When the matter came up for discussions, it was considered opinion of most of the members that as the limnological data provided to the members pertained only to two basins of the Dal and that too for surface waters only, it was desired that the data for the other basins-Lokut Dal, Boulevard and Floating Gardens, etc;- needs to be provided to them by the LDA for reaching to some conclusion in respect to the change in the lake water quality with the time. The scientific staff of R&M Division of LDA sought some time for the submission of these data on the plea that compilation of data of twenty years would take some time. The Committee advised them to place these data before the SAC in its meeting scheduled for third week of August, 2017.
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8. While commenting on the Vision Document, hard copy of which was placed on table during the meeting, the members took strong objection to the manner in which the author of Vision Document has not been able to give a presentation before the committee. It was decided that the Authority will communicate to Dr. Kazmi to give his presentation on any day between 16th to 20th August, 2017."
08. From the above, it is evident that the LAWDA has to carry out de- weeding in the Summer season in addition to the practice of doing the same during the Spring and Autumn seasons but the activity should be carried out as per the requirements spelt out by the Scientific Advisory Committee and the Scientists of the R&M Division have to record the changes every month and submit the data to the Committee.
09. In so far as the spread of water lilies are concerned, the Scientific Advisory Committee felt that the same should be stopped immediately and the said plants should be uprooted manually as well as mechanically. The Vice Chairman, LAWDA, is present. He assures this court that this process shall be undertaken on a war footing and that according to him, the entire process would take about three months but he assured this court that every effort would be made to complete the job earlier than that.
10. The creation of artificial wetlands has also been stressed upon by the Scientific Advisory Committee. The deficiencies in the staff and equipment available with the Research and Monitoring Division was also stressed upon and immediate action needs to be taken for capacity building measures to aid the scientific staff so that proper data is available for taking PIL NO.159/2002 C/W PIL NO.3452006 6 OF 8 decisions from time to time with regard to improvement of the Dal and Nigeen lakes. We have already pointed out that the R&M Laboratory of the LAWDA is deficient in modern equipment and immediate improvements are necessary for assessment of the water quality. We have also already indicated that till such time the data collected by the State Pollution Control Board shall be shared with the LAWDA for taking immediate action on each of the parameters. A status report will be submitted on the next date with regard to the acquisition of motor boats and for allocating one such motor boat for the purposes of the R&M Laboratory. The levels of presence of pesticide residues in the lake water also need to be monitored as per the scientific advisory and the directions given by it need to be implemented. Similarly, the Scientific Advisory Committee felt the need for accurate limnological data pertaining to Hazratbal and Nigeen basins prior to the next meeting that is to be held on 19.08.2017. We are assured that the data is being compiled and would be ready before the next meeting of the Scientific Advisory Committee who may examine the same and thereafter give their recommendations.
11. The water quality measurements of Cheshmashahi have not been presented before us. The same shall be done on or before the next date of hearing so that it can be ascertained as to whether the measures which have been purportedly taken by the Floriculture Department are bearing any fruit or not.
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12. We have seen the slides and videos prepared by Mr. Sajad A. Mir, when he accompanied the Superintendent Engineer and the Enforcement Officer of LAWDA. Prima facie it becomes very clear that various new constructions are coming up and have come up in the area which ought to have been part of the Dal Lake but have been either claimed by land filling or by encroaching upon floating gardens. All such illegal structures are liable to be removed in accordance with orders passed by this court from time to time. If any assistance is required by LAWDA, the same shall be provided by the concerned Superintendent of Police.
13. The court commissioners report is taken on record and the action taken on these reports shall be submitted on the next date of hearing. The reports submitted on behalf of other authorities are also taken on record.
14. Re-notify on 06.09.2017.
(Ali Mohammad Magrey) (Badar Durrez Ahmed)
Judge Chief Justice
Srinagar
08.08.2017
Abdul Qayoom, PS
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