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LCMA files 1000-page document detailing suggestions on Dal Lake

HC asks amicus curiae for views
02:22 AM May 02, 2024 IST | GK LEGAL CORRESPONDENT
lcma files 1000 page document detailing suggestions on dal lake
Dal Lake (File Photo) Mubashir Khan for Greater Kashmir
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Deputy Advocate General Syed Musaib, representing the government in the Public Interest Litigation (PIL) seeking the preservation of Dal Lake, submitted the document by Jammu and Kashmir Lake Conservation and Management Authority (LCMA) to the court in response to its order issued on March 3 this year.

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The court has been hearing the PIL that was filed by Syed Iqbal Tahir Geelani in 2002, who was then a law student at the University of Kashmir (KU).

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A division bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi ordered taking the documents on record.

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“Let these documents be scanned and placed on record,” the court said.

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It also asked senior advocate Z A Shah who is assisting it as amicus curiae in the matter to give his views on the suggestions put forth by the authorities on or before July 22.

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The court observed that although it had expressed its desire for the matter to be listed weekly, the submission of voluminous documents containing suggestions and perspectives from the authorities, it said, required review by the amicus curiae.

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“Consequently, we direct that the matter be listed on July 22, 2024, to allow sufficient time for the learned amicus curiae for analysis,” the bench said.

In its order of March 3, the court had asked the authorities to give their views and suggestions with relevant documentation on issues including the flow of sewage and liquid waste into the Dal Lake and the removal of unauthorised construction in and around the water body.

“As we have identified three issues to be given priority in consideration of the matters in this PIL, we would expect the respondent authorities to give their views, and suggestions with the relevant documentation concerning these issues within two weeks,” the bench had said.

In terms of an order issued on September 24, 2021, the court had identified certain specific issues which it said require attention like cleanliness of Dal Lake; the flow of sewage and liquid waste into it; solid waste management in and around the lake; responsibility of the Tourism Department regarding the development of tourist and recreational sports; maintenance and creation of public facilities; management of problems concerning houseboats; stoppage and removal of unauthorised construction and all encroachments in and around the lake area and responsibilities of the Lakes and Waterways Development Authority (LAWDA) now replaced by LCMA as also that of the Srinagar Municipal Corporation (SMC).

In the order, the court had said: “While acknowledging the significance of all the identified issues, this court deems it more appropriate to prioritise the aspects.”

In this way, the court prioritised issues like the flow of sewage and liquid waste into the Dal Lake, solid waste management in and around the Dal Lake, stoppage and removal of unauthorised construction and all encroachments in and around the lake area and responsibilities of the concerned.

“Accordingly, we would like the concerned authorities to provide their perspectives on how to address these issues and to facilitate the court in passing appropriate orders,” the bench had said.

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