(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has directed the government to take a“policy decision” by February 7 as to how to deal with repair and renovation of buildings and houses within the 200 meters from the Dal Lake which were“legitimately” constructed before the ban came into effect.
The High Court on 19 July 2002 had directed the authorities to ensure that no erection of buildings shall be allowed within 200 meters from the center of the foreshore road wherever the road has been constructed, and that no changes will be made in the buildings as it existed on that date (19.07.2002).
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However, subsequently, another order was passed by the Court on 16 September 2021, which took cognizance of several applications moved by different persons seeking permission for repairing of their houses, renovation, face-lifting and for interiors as well as for development of parks within the 200 meters of the prohibited area of the Dal Lake.
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Of the cases, the Lake Conservation and Management Authority (previously LAWDA) passed orders stating that the applications cannot be considered as the properties were within the 200 meters of the prohibited area.
“This Court feels that a human angle also must be taken into cognizance alongwith the well being of the Dal Lake as human habitation is as much a part of the ecosystem as the Lake,” said a Justice Atul Sreedharan and Justice Mohd Yousuf Wani while hearing an application on behalf of the Chairman, Building Permission Authority /Vice Chairman of the LCMA, seeking appropriate directions..
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There are two kinds of constructions within the 200 meters boundary which may be existing as on date, the court said.
The first category is of construction which was made legitimately under the existing law before the bar of having any construction/building within the 200 meters from the Lake came into existence, the court noted.
The second category, the court said, relates to those constructions that may have come up within the 200 meters of the Lake after it was prohibited and are“outrightly“illegal constructions as they could not have come up after the ban on construction in that area”.
However, the court said, the problem refers to those buildings which are in existence within the 200 meters boundary from the Dal Lake, which came into existence legitimately before the ban on constructions/raising of buildings within the 200 meters of the Dal Lake.
“Those may be residential houses used by people who on account of the orders passed previously are unable to repair damages/ wear and tear that houses experience with the passage of time on account of the orders passed by this Court,” the court sai, adding,“Those constructions which were legitimately built and are being used, may require repair/reconstruction as per original plan unless the houses are acquired by the State under procedure established by law for the purpose of clearing accommodation in close proximity of the Dal Lake.”
Many of these houses whose existence at the site may be legitimate may now have been converted into Lodges, Guest Houses or offering accommodation to the tourists as paying guest which besides changing the nature of its occupancy, would also bring within it, the excess load of waste disposal that is generated by the tourists residing in these accommodations, the court said.
“As on date, it is not known as to how many of these premises are used as Guest Houses or Houses for tourists and the nature of the pressure caused by the waste generated by the tourists residing in these houses and what is the manner for effective waste disposal/management of this excess waste arising from a commercial use of these residential premises,” the court said, adding,“Thus, for a long term solution, a policy decision needs to be arrived at by the Union Territory Government, as to how to deal with this issue of these buildings/houses within the 200 meters from the Dal Lake which were legitimately constructed before the ban came into effect by ensuring that the livelihood of the people is also sustained and ensuring at the same time that there is no deleterious environmental effect on the Dal Lake or in the areas in proximity to the Dal Lake.”
Therefore, the Division Bench requested the UT Government to constitute a Committee in right earnest to form a policy which would address the concerns reflected by the Court and ensure the sustainability of Dal Lake without disturbing the livelihood and lives of those who have been residing in houses and buildings which were legitimately constructed in the area.
“We hope that the Committee will be constituted and a policy be framed before the next date of hearing of this case,” the court said and ordered listing of the case on 7 February 2025.
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