Srinagar: The High Court of J&K and Ladakh directed Lakes Conservation and Management Authority(LCMA)to decide the application on behalf of Health and Medical Education department for upgradation /extension of the existing Health Centre to Sub-District Hospital at Hazratbal Srinagar within three weeks.
Acting Chief Justice Tashi Rabstan and Justice Moksha Khajuria Kazmi passed the direction after court noticed that despite the applicant department has approached the Lakes Conservation Authority, yet no decision has been taken.
The court recorded that in terms of order dated 3 September, 2019, it was clearly directed that “Having regard to the fact that primary Health Centre already exists and the proposed upgradation is to cater to a large catchment area, it would be in the interest of justice to let the upgradation.”
But, the court had also said that it can’t be denied that the conservation and protection of the Dal Lake has to be ensured even while undertaking the upgradation.
“This would be the duty of LAWDA to make sure that the permission which is proposed does not cause any detriment to the environment and existence of the Dal Lake,” the court had directed.
The applicant had stated before court LCMA has expressed its reservation for granting permission to the proposed renovations to be made.
It was stated that by the applicant department 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 with a further submission that the Health Centre is already in dilapidated condition and is suffering for want of urgent repairs/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.”
Earlier in 2022, Court while considering the issue of permissions for repair and renovation of buildings within 200 meters of the peripheries of the Dal Lake, among others had directed
“While the Court appreciates the work that has gone into the preparation of the Master Plan 2035, it is felt that to balance the needs for sustainable development and economic prosperity of the area, the next clarifications and guidelines are necessary to make sure that the aforesaid provisions of the Master Plan are not abused:
“The orders passed in the matter, starting from 19 July,2022 expressly prohibited new construction work and/or even carrying of building material in and around 200 meters from the periphery of Water Bodies/Dal.”
“The only exception provided was for the purposes of grant of permission for the repairs and renovation of the existing buildings/structures falling within 200 Meters of the Water Bodies/the Dal Lake.”
Since the above, the Court 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 the order passed by this Court dated 3 September, 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.
Application disposed of,” court directed.
It is pertinent to mention that the public interest litigation for the protection and conservation on Dal Lake has been before Court since 2002 and a slew of directions has been passed since then.
But the Lake is still fed with untreated sewerage, pollutants, and chemical fertilizers. The illegal constructions near the peripheries of the lake have increased manifold while its main channels stay choked.
