Srinagar, Dec 16: The High Court of J&K and Ladakh has directed the government to take policy decisions to deal with the repairs and renovations of buildings and houses which were “legitimately” constructed within 200 meters from the Dal Lake before a ban came into effect on these activities.
A Division Bench of Justice Atul Sreedharan and Justice Muhammad Yousuf Wani issued the direction in response to an application filed on behalf of the Chairman, Building Permission Authority and Vice Chairman of the of the J&K Lake Conservation and Management Authority (LCMA), seeking appropriate directions.
In response to the Public Interest Litigation (PIL) seeking preservation of the Dal, the court on July 19, 2002, had directed the authorities to ensure that no construction should be allowed to come up within 200 meters from the centre of the Foreshore Road wherever the road had been constructed and no changes would be made in these buildings.
Subsequently, on September 16, 2021, the court passed another order taking cognisance of several applications moved by different persons seeking permission for repairing their houses, renovation, face-lifting and interiors as well as for the development of parks within the 200 meters of the prohibited area of the lake.
Considering these cases, the Lake Conservation and Management Authority (previously LAWDA) passed orders stating that the applications could not be considered as the properties were within 200 meters of the prohibited area.
While dealing with the instant application, the bench observed that there are two kinds of constructions within the 200-meter boundary which might exist as of date.
“The first category is of construction which was made legitimately under the existing law before the bar of having any construction and building within 200 meters from the lake came into existence. The second category relates to those constructions that may have come up within the 200 meters of the lake after it was prohibited and are outright illegal constructions as they could not have come up after the ban on construction in that area,” the court said.
It noted that the problem refers to those buildings which are in existence within the 200 meters boundary from the Dal which came into existence legitimately before the ban on constructions within the 200 meters of the Lake.
The court said that these constructions might be residential houses used by people who on account of the orders passed previously are unable to repair the damage and wear and tear the houses suffered with the passage of time.
The court observed that those constructions which were legitimately built and were being used may require repairs or reconstruction as per the 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.
It said: “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 observed that as of date, it is not known 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 disposal of this excess waste arising from the commercial use of these residential premises.
The court held that a human angle also must be taken into cognisance along with the well-being of the Dal Lake as human habitation is as much a part of the ecosystem as the lake.
“Thus, for a long-term solution, a policy decision needs to be arrived at by the J&K government, as to how to deal with this issue of these buildings and 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,” it said.
The court asked the government to constitute a committee in earnest to form a policy which would address the concerns reflected by it (court) and ensure the sustainability of Dal without disturbing the livelihood and lives of those who have been residing in houses and buildings which were legitimately constructed in the area.
