DB directs PS HU&D to file affidavit in compliance of Court direction

17/11/2022

JAMMU, Nov 16: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul while hearing Public Interest Litigation on preservation and conservation of Dal Lake which was initiated in 2002 on the basis of a letter of one, Syed Iqbal Tahir Geelani, a student of 6th Semester LLB University of Kashmir, Srinagar. The letter highlighted the miserable conditions of the various water bodies and lakes which at one time were the lifeline of the valley. Since 2002, the Court has passed various orders for the cleaning, development and upkeep of the lakes, especially the Dal, directed Principal Secretary, Housing and Urban Development, Government of Jammu & Kashmir, to file affidavit in compliance of the directions passed by this court on 08.09.2022 and 09.11.2022 read with the today's order.
DB also directed Vice Chairman, J&K Lake Conservation & Management Authority, Srinagar, to file the responses to the applications/writ petitions seeking direction for grant of permission for construction in accordance with the Master Plan and the applicable law.
When the PIL came-up for hearing, DB observed that during the pendency of this Public Interest Litigation, several applications/writ petitions came to be filed seeking directions upon the respondents for grant of permissions to raise constructions around the Dal Lake in accordance with the Master Plan 2035 notified vide notification dated 13th February, 2019 by the Government, after the necessary approval was accorded by the State Administrative Council (SAC) on the recommendations of the Committee.
In terms of the order passed by this Court on 19.07.2002, it was directed that no construction work or even carrying of building material in and around the 200 meters from the centre of the foreshore road be allowed. The only exception provided was for the purposes of grant of permission for repairs and renovations of the existing buildings falling within 200 meters from the centre of the foreshore road.
The Master Plan 2035 relaxes the 200 meters limit by defining buffer zones from 20 to 100 meters from the periphery of concerned water body depending upon the area concerned. The manner of utilization of the land in the buffer zone is categorized as for purposes of gardens and parks in the Master Plan 2035. While accepting the implementation of the Master Plan with respect to other water bodies, we have clarified that prohibition on construction contained in the order dated 19.07.2002 shall stand modified to the extent that the prohibition shall apply in terms of the distances/buffer zones identified by the Master Plan itself.
So far as other water bodies are concerned but before considering the applications/writ petitions seeking directions upon the Building Permission Authorities to grant permission in tune with the scheme of the Master Plan, 2035, we thought it proper to have response of the respondents and accordingly, in terms of the order passed on 08.09.2022, the respondents through learned Advocate General were asked to make appropriate steps to submit the response so as to enable this Court to proceed further in the matter. The directions were reiterated on 09.11.2022.
DB observed that when the matter was taken up for consideration, Advocate General submits that the respondents are in the process of implementing the order and shall be submitting the responses so as to enable the court to decide the applications/writ petitions seeking directions for grant of permission in terms of the Master Plan 2035. In this regard an application being CM No. 6467/2022 has also been filed by the Vice Chairman, J&K Lake Conservation & Management Authority, Srinagar, seeking extension of time.
While considering the prayer for grant of extension of time, DB observed that this Court is facing with the resistance made by the counsel appearing for the applicants/ writ petitioners who submit that the order passed by this Court on 19.07.2002 was not based on an expert advice and the same was passed only on the basis of the submissions made by the learned Amicus and other counsels who had placed their views before the Court. counsel for the applicants/ petitioners further submit that today the court has document in the shape of Master Plan which is in tune with the scheme of the law notified by the Government after having associated and discussed the Master Plan with the people of all shades including traders, public representatives, common citizens, hotel associations etc. Further, it is submitted that the Master Plan has been notified only after all the concerned agencies including the Town Planning Organization, Srinagar Development Authority, the experts dealing with the construction activities in the cities, the experts dealing with the sustainable and economically empowered growth of the city and the experts from other fields were associated which is evident from the preface of the Master Plan, 2035 notified on 13.02.2019. It is also the submission of learned counsel for the applicants/writ petitioners that the Master Plan for Srinagar City 2035 is notified even on the directions passed by this Court in PIL No.05/2013: Mujeeb Andrabi v. State of JK and others.
DB directed the Principal Secretary, Housing and Urban Development, Government of Jammu & Kashmir, to file affidavit in compliance of the directions passed by this court on 08.09.2022 and 09.11.2022 read with the today's order in advance of the next date with copy in advance to learned Amicus and further directed the Vice Chairman, J&K Lake Conservation & Management Authority, Srinagar, to file the responses to the applications/writ petitions seeking direction for grant of permission for construction in accordance with the Master Plan and the applicable law. JNF

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