Srinagar: The High Court of J&K and Ladakh has asked the J&K government to frame a policy regarding the legitimate buildings within 200 meters from the Dal Lake requiring renovation and re-erection so that neither the livelihood of the concerned people nor the biodiversity of the lake is affected.
“For a long-term solution, a policy decision needs to be arrived at by the Union Territory government, as to how to deal with this issue of these buildings/houses within the 200 meters from the Dal Lake which were legitimately constructed before the ban on constructions within this area came in to effect a few years ago. It has to be ensured 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,” ordered a bench of Justices Atul Sreedharan and M Y Wani.
The court accordingly “requested the UT government to constitute a committee in right earnest to form a policy which would address the concerns reflected by this court hereinabove and ensure the sustainability of the Dal Lake without disturbing the livelihood and lives of those who have been residing in houses and buildings which were legitimately constructed in the area”.
A 2022 court order took cognizance of the difficulty which arose in cases where permission was sought for repairs/renovation and re-erection of the buildings within 200 meters of the periphery of the lake, within which all kinds of construction was prohibited.
The division bench today observed that a human angle also must be taken into cognizance along with the wellbeing of the Dal Lake as human habitation is as much a part of the ecosystem as the lake.
“There are two kinds of constructions within the 200 meters boundary which may be existing as on date. The first category is of constructions which were made legitimately under the existing law before the bar of having any construction/building within the 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 so prohibited and are outrightly illegal constructions as they could not have come up after the ban on construction in that area.”
However, the problem refers to those buildings which are in existence within the 200 meters boundary from the Dal Lake, which came into existence legitimately before the ban on constructions/raising of buildings within the 200 meters of the Dal Lake.
Those may be residential houses used by people who on account of the orders passed previously are unable to repair damages/ wear and tear that houses experience with the passage of time.
Those constructions which were legitimately built and are being used, may require repair/reconstruction as per original plan unless the said houses are acquired by the State under procedure established by law for the purpose of clearing all constructions within 200 meters from the Dal Lake.
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, observed the court.
As on date, it is not known as to 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 waste disposal/management of this excess waste arising from a commercial use of these residential premises, it said.
The court hoped that the committee would be constituted and a policy be framed before the next date of hearing of this case.
“The concerned engineer of the Srinagar Municipal Corporation (SMC) shall remain present before this court on the next date of hearing in order to accord clarity,” ordered the court.
