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The Jammu and Kashmir HC constituted a three-member ‘Committee of Experts’ headed by former chief of the Delhi Metro Rail Corporation, E Sreedharan, for establishing measures required for restoring and preserving the world-famous Dal Lake, which is shrinking due to untreated sewage from hotels and houseboats, illegal encroachment and uncontrolled growth of weeds.
A bench, comprising of Chief Justice Gita Mittal and Justice Dhiraj Singh Thakur, took stock of the prevailing situation of Dal Lake and the attitude of the local officials in handling the same and led to the conclusion that nothing much has changed despite the court passing a string of directions since year 2002 and the State having spent Rs. 400 crore to check issues plaguing Dal Lake. The bench rendered it necessary to have an Expert Committee with, most importantly the vision and the experience of having successfully undertaken issues and projectsinvolving a wide spectrum, multi-dimensional, multi-authority evaluations and resolutions.
Observing that a vigilance committee and a monitoring committeeis already in place, the bench ordered thata committee of external affairs shall be formed, known as the ‘Committee of Experts’. It then constituted the committee of experts comprising of Dr. Nivedita P. Haran(coordinator), E Sreedharan(chairperson), IAS (Retired), Former Additional Chief Secretary, Home Department, Govt. of Kerala and renowned environmentalist M. C. Mehta, a native of J&K.
The bench also set out the terms of reference of this committee including ascertaining the status of the Dal Lake, ascertaining all measures required to be undertaken for its maintenance, restoration and preservation as well as all ancillary issues including securing the banks of the Dal Lake; relocation, re-settlement, and rehabilitation of persons residing or carrying on business on its banks or in the Dal Lake.
For any legal assistance in Delhi and Kerala, the court has appointed Sanjay Jain,Former Solicitor General and Senior Advocate to be assisted by advocate Gautam Narayan, as Amicus Curiae. While in the State of J&K, Senior Advocate A. H. Naik, assisted by advocate Farah Bashirare appointed as Amicus Curiae, to assist the Committee.
The bench directed the State Government to prepare a list of optimum licenses and present them before the expert committee within two weeks.
Tracing the history of the case, the bench headed by Chief Justice Gita Mittal appointed Mohammad Shafi Khan, retired District and Sessions Judgeand Abdul Hamid Bhat, former senior Superintendent of Police and Director Security Kashmir University as the Court Vigilance Committee to inspect the Dal Lake area on a daily basis and submit a weekly report to the Registrar Judicial, High Court Wing Srinagar indicating therein, any construction activity that might have undertaken within Dal Lake and prohibited area, with necessary details.
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