Srinagar, Feb 28: The High Court of Jammu & Kashmir and Ladakh directed the government to place on record the decisions taken regarding re-examining the area of buffer zones around Dal Lake and building permission in accordance with new Srinagar Master Plan 2035 within two weeks.
Hearing a public interest litigation (PIL) pertaining to the preservation and conservation of Dal Lake, a division bench comprising Justices Rajnesh Oswal and Mohan Lal directed the government authorities to place on record the decisions taken by the Committee with respect to the directions passed by the court from time to time.
The bench passed the directions after government advocate, Ilyas Nazir Laway, submitted that the Committee headed by the Principal Secretary to the government, Housing and Urban Development Department (HUD&D), has already taken certain decisions with respect to the directions passed by the court from time to time.
He said that he will be placing on record the said decisions within two weeks by way of a proper motion.
“He shall do so by the next date of hearing positively, with a copy in advance to all the learned appearing counsel for the parties,” the court said while posting the matter for hearing on April 03.
In December last year, complying the court directions, the HUD&D had constituted a ‘Technical Committee of Experts’ to determine the buffer zones around Dal lake and allied water bodies falling in Srinagar Metropolitan Region.
On September 8, last year, the court had observed that to balance the needs for sustainable development and economic prosperity of the area, certain clarifications and guidelines are necessary to ensure that the provisions of the Srinagar Master Plan 2035 are not abused.
It had proposed the development of buffer zones of non-concrete nature in Dal Lake while allowing buffer zones for other water bodies as mentioned in the Master Plan itself.
The court said that the development in the buffer zones of the concerned water body except the Dal area might be allowed under the Master Plan 2035, subject to the condition, that no fresh construction of a permanent nature (apart from repair, renovation, or reconstruction of existing plinths as on July 19, 2002) should be allowed in these areas.
“Structures of a temporary nature such as tents, kiosks, floating jettys, or other such structures that can be erected without harming the surrounding areas may be allowed for utilisation of such lands,” the court had said. “This would only be apposite, keeping in mind that 20 years have elapsed since the restrictions were imposed.”
In the past 20 years, the court had noted, much advancements have been made in terms of materials available and in terms of techniques to establish eco-friendly structures that may enhance the development of the area rather than cause harm to it.
It had underscoresthat the Government of India, Ministry of Tourism (H&R) Division has issued “Guidelines For Project Approval and Classification of Tented Accommodation”.
It hadobserved that various forest areas like Ranthambore, Kanha National Park and the like, today provide tented accommodations and wooden log structures of a temporary nature for lodging and resort purposes.
“Such measures have not only brought a sustainable balance between livelihood tourism and ecological preservation to such areas but have also increased the prosperity of the inhabitants. The Master Plan 2035, we feel has failed to take advantage of these advancements,” the bench said.
