Syed Iqbal Tahir Geelani vs State Of Jammu & Kashmir And Ors
2021 Latest Caselaw 961 j&K/2

                                                               S. No. 01


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR
CJ Court
                 Case: PIL No. 159/2002

Syed Iqbal Tahir Geelani
                                                   ...Petitioner(s)/Appellant(s)

                           Through:       Mr. Zaffar Shah, Amicus Curiae

                                    V/s

State of Jammu & Kashmir and Ors.
                                                               ...Respondent(s)
                           Through:       Ms. Asifa Padroo, AAG
                                          Mr. Bashir Ahmad, Vice Chairman
                                          (LAWDA) and
                                          Mr. Shabir Panth, Law Officer
                                          present in person.


       Coram:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SANJAY DHAR
                                      ORDER

25-08-2021

In pursuance to order dated 01-04-2021, the Lakes and Water Ways Development Authority (LAWDA) has filed a compliance report along with the affidavit of Mr. Bashir Ahmad Bhat, Vice Chairman (LAWDA) dated 29th July, 2021, which speaks about the scheme for the management and development of the Dal Lake. A copy of the said report may be supplied to the learned Amicus Curiae so that he may go through it and assist the Court as to whether the said scheme needs any modification, improvement or addition of any material subject.

Mr. Bashir Ahmad, Vice Chairman (LAWDA) and Mr. Shabir Panth, Law Officer are personally present in the Court. They are directed to come out with a plan with regard to construction of the ring road all around the lake, widening of the existing roads and the parking facilities. They may also consider the enhancement of the capacity of the STP plants or establishment of new plants at the location which may not affect the Dal Lake itself. CM No. 5075/2021 Mr. M. S. Latief, Sr. Advocate for the applicant with Mr. Adil, Advocate Ms. Asifa Padroo, AAG for respondents.

Mr. Bashir Ahmad, Vice Chairman (LAWDA)

The applicants through this application wants that they should be granted permission for raising construction of residential houses on a land which is not falling within 200 meters from the fringe of the Nigeen Lake.

LAWDA vide order dated 14-06-2021 has informed the petitioners that their land falls within 200 meters from the fringe of the Nigeen Lake and, as such, the permission cannot be granted. The argument is that in every case, without any material or any basis, the authority is denying permission on the ground that the land is within 200 meters of the prohibited area. Having heard Mr. M. S. Latief, learned Sr. Counsel and Mr. Bashir Ahmad, Vice Chairman (LAWDA) who is personally present in the Court, we dispose of this application with the direction to the LAWDA to verify and survey the land of the petitioners and to submit a report thereof as to whether the land of the petitioners is actually falls within 200 meters from the fringe of the Nigeen Lake. A copy of the report will be supplied to the petitioners and it will be open for them to file objections whereupon the authorities will consider and pass appropriate speaking order as to the location of the land of the petitioners i.e., whether it is within the prohibited area or not, before considering the matter regarding grant of permission.

Application disposed of.

CM No. 1023/2020 Mr. R. A. Jan, Sr. Advocate for the applicant with Mr. Taha Khalil, Advocate Ms. Asifa Padroo, AAG for respondents.

Mr. Bashir Ahmad, Vice Chairman (LAWDA)

The applicant is seeking permission for the installation of three lifts in the hotel building which is already in existence within the prohibited area of the Dal Lake.

LAWDA has refused to consider the said application in view of the standing directions of the High Court in this PIL. The directions of this Court prohibit new construction within the prohibited area and, therefore, repairs or installation of lifts can be done in accordance with the laws and the by-laws with the permission of the competent authority, provided such constructions do not change the dimensions of the building or encroaches upon any open area.

The Court in this regard has already passed an order on 17th February, 2021, directing the Vice Chairman LAWDA to place the case of the applicant for grant of permission before BOCA. In view of the above, we direct the competent authority to consider the application of the petitioner strictly in accordance with law as directed vide order dated 17-02-2021 as early as possible preferably within a period of six weeks and communicate the order to the applicant immediately thereafter. Application disposed of.

CM No. 6330/2020 and CM No. 5270/2021 Mr. Shuja-ul-Haq, Advocate and Mr. Mir Manzoor, Advocate for the applicant. Ms. Asifa Padroo, AAG for respondents.

Mr. Bashir Ahmad Bhat, Vice Chairman (LAWDA)

The applicants have moved these application seeking permission to repair and renovate the houses situated on the Boulevard Road and at Nigeen Hazratbal, Srinagar respectively. The aforesaid residential accommodations are admittedly within the prohibited area of 200 meters from the peripheri of the Lake where new constructions stand totally prohibited. However, repairs can be allowed provided the applicant does not carry out any new construction or alter the existing building or encroaches upon the additional vacant land.

In view of the above, the applicant may move a fresh application before the competent authority as per the procedure and in case any such application is moved, the same may be placed before the BOCA for necessary consideration. The competent authority shall thereupon pass appropriate orders in accordance with law expeditiously preferably within two months and communicate the same to the applicant.

Both applications disposed of.

CMP No. 5633/2021 Mr. Lone Altaf, Advocate for the applicant. Ms. Asifa Padroo, AAG for respondents.

Mr. Bashir Ahmad, Vice Chairman (LAWDA)

Heard learned counsel for the applicant.

The vehicle of the applicant was seized for carrying building material within the prohibited area and an FIR was lodged in this regard. The said vehicle was released on furnishing of security amount to the tune of Rs. 50,000/- which the applicant deposited with the Registrar Judicial, High Court, Srinagar. The submission of learned counsel for the applicant is that the applicant has been acquitted in the case FIR No. 93/2015 and, as such, he is entitled to refund of his security amount. We have perused the Judgment and order dated 21-07-2018, and are satisfied that the applicant has been acquitted from the offence under Section 188 RPC.

In view of the above, we direct the Registrar Judicial of the High Court to release the security amount of the petitioner deposited as security for the release of vehicle.

Application disposed of.

CM No. 5322/2021 Mr. Ayoub Bhat, Advocate for the applicant. Ms. Asifa Padroo, AAG for respondents.

Mr. Bashir Ahmad, Vice Chairman (LAWDA)

Heard learned counsel for the applicant.

The applicant wants permission for carrying out necessary repairs of the Houseboat "New Golden Bell". It is alleged that the applicant moved an application seeking permission to the Vice Chairman LAWDA whereupon various departments have considered the same and have given their clearance but even then, the Director, Tourism Department, Kashmir has not passed any final order and granted permission for the repairs.

Ms. Asifa Padroo, learned AAG appearing for the respondents submits that a committee for considering applications for grant of permission for repairs of houseboats has been constituted under the chairmanship of Principal Secretary, Tourism Department and it is for the committee to consider the matter.

In view of the aforesaid facts and circumstances, we dispose of this application with the direction to the applicant to move a fresh application along with necessary clearance from the relevant departments before the Principal Secretary, Tourism Department and in case any such application is moved, the Principal Secretary, Tourism Department will place the matter before the appropriate committee and after seeking necessary clearance from the relevant departments or verifying the clearance already granted consider the matter and pass appropriate orders in accordance with law within a period of six weeks.

WP (C) No. 706/2021 CM No. 2070/2021 Mr. Showkat Ali Khan, Advocate for the applicant. Ms. Asifa Padroo, AAG for respondents.

Mr. Bashir Ahmad, Vice Chairman (LAWDA)

The residents of Mohalla Ghat Shalimar want that they may be granted permission to repair their houses which fall within the prohibited areas.

Ms. Asifa Padroo, learned AAG appearing for the respondents prays for and is allowed three weeks further time for filing response to the above application.

CM No. 4084/2020 and 1133/2021 Mr. G. R. Tantray and Mr. Mir Majid Bashir, Advocate for the applicants. Ms. Asifa Padroo, AAG for respondents.

Ms. Asifa Padroo, learned AAG appearing for the respondents is directed to file response to these applications within three weeks.

CM No. 5109/2021 & CM No. 1311/2021

These applications for advancing the date for hearing have become infructuous and, as such, are dismissed. Henceforth, it is directed that all applications for the repairs of existing building in and around the Dal Lake would be presented before the LAWDA that shall place it before the competent authority for consideration in accordance with law. The competent authority will deal with the applications strictly in accordance with law keeping in mind the various orders passed by this court from time to time. Such applications need not to be filed directly before this Court.

List on 16th September, 2021.

          (SANJAY DHAR)                (PANKAJ MITHAL)
                  JUDGE                   CHIEF JUSTICE


Srinagar
25.08.2021
Sakeena




                                                               SAKEENA MOLVI
                                                               I attest to the accuracy and
                                                               authenticity of this document

                                                               26.08.2021 22:32