HC asks LCMA to consider plea

Srinagar, Aug 09: The High court has directed the Jammu and Kashmir Lake Conservation and Management Authority (LCMA) to consider within three weeks the Health and Medical Education Department’s application seeking up gradation of the existing Health Centre to Sub-District Hospital at Hazratbal.

A division bench comprising Chief Justice ( Acting), Tashi Rabstan and Justice Moksha Khajuria Kazmi passed the direction after hearing the Health and Medical Education Department through its deputy advocate general, Hakim Aman Ali.

Advocate Aman submitted that the Health and Medical Education Department through Principal Government Medical College, Srinagar filed an application before this Court in the Public Interest Litigation of 2002 titled Syed Iqbal Tahir Geelani vs state of Jammu and Kashmir and others for the upgration of the existing Health Centre to Sub-District Hospital and the Court allowed the construction with certain conditions in terms of order dated 03.09.20219.

In terms of the said order the court while observing that the primary Health Centre already existed and the proposed upgradation was to cater to a large catchment area, had said it would appear in the interest of justice to permit the upgradation.

“However, it cannot be denied that the conservation and protection of the Dal Lake has to be ensured even while undertaking the upgradation,” the court had said, adding, “This would be the duty of LAWDA to ensure that the permission which is proposed does not cause any detriment to environment and existence of the Dal Lake”.

The counsel further stated that in compliance to the court order, the department had approached LCMA but no decision was taken by the Authority.

This Court in terms of order dated 08.09.2022 while considering the issue of permissions for repair and renovation of buildings within 200 meters of the peripheries of the Dal Lake, had noted that the orders passed in the matter, starting from dated 19.07.2022 expressly prohibited new construction work and even carrying of building material in and around 200 meters from the periphery of Water Bodies including Dal.

The only exception provided was for the purposes of grant of permission for the repairs and renovation of the existing structures falling within 200 Meters of the Water Bodies/the Dal Lake.

The applicant further stated that in view of the order dated 08.09.2022 passed by the Court, the LCMA has expressed its reservation for granting permission to the proposed renovations to be made by the department.

The applicant also stated that considerable expenses have been incurred and the executing agency has also expressed its concern as the workforce and equipment have remained idle resulting in significant financial loss to the department.

“Moreover, due to restrictions imposed by this Court, not only the patient care is suffering but also there is apprehension that the funds would lapse at the cost of public health. The Health Centre is already in dilapidated condition and is suffering for want of urgent upgradation so as to cater to the needs of the patients to its fullest capacity as such, immediate steps are required for upgradation/extension of the existing structure”, it said

“it is directed that LCMA shall consider the application of the applicant department for the proposed extension/renovation which has been submitted by them in terms of order passed by this Court dated 03.09.2019. LCMA is further directed to decide the application of the applicant for extension/renovation within a period of three weeks’ from the date of issuance of this order”, the court said.