“We can use coercive measures to ensure their presence“
Legal Correspondent
Srinagar, November 19: High court on Thursday declined to exempt commissioner secretaries of finance, planning and HUD departments from personal appearance in the court.
Division bench of high court had asked them to appear personally in the court for explaining their position on various issues related to Dal Lake.
However on Thursday their counsel stated that the officiers could not have come within a day from Jammu and submitted that they may be exempted from the personal appearance. However the bench declined the request and asked the officers to be present in court on Thursday next week.
Bench was fumed over their absence and said that the court can use coercive methods for their appearance of the officers failed to appear.
During the hearing state government disputed the claims of LAWDA wherein the Vice Chairman stated that government has not released funds to the authority. Additional Advocate General Advocate Bashir Ahmad said 15 crore have been released to the LAWDA out of balance cost of Rs 40 crore.
On this bench asked AAG to use proper channel to respond by filing an affidavit before the court if they dispute the claims made by VC LAWDA. Court asked the state government, LAWDA and Police to strictly follow the court directions made time to time for the preservation of Dal.
With regard to check the transport of construction material in green belt around Dal, court asked police to install CCTVs at various places at earliest. Police said they have send a proposal to state government and is awaits approval of DGP .
The court is hearing a PIL by Tahir Iqbal, on preservation of Dal Lake. Earlier LAWDA filed a detailed affidavit before the court in which it stated that against a sanctioned project cost for conservation of Dal and Nigeen Lake of Rs.298 crore, the Authority has till now received only Rs 248 crore till ending March 2014. The funds were to be released by March 2010. “For previous financial year, that is 2014-2015 and for current year the Authority has not received any funding under NLCP till date,” they added.
LAWDA further stated that the project estimated in the year 1999/2000 was sanctioned in the year 2005 with time of completion as March 2010. “As is evident from the report of the Additional Secretary/Project Director MOEF by the end of December 2010 only Rs. 159.44 crore was provided,” he added.
The authority further said with a further release of Rs. 99 crore during next three years till March 2014 the total amount released is only Rs. 248 crore. “Against these releases major works like Sewage Treatment Plants, Intermediate Pumping Stations, Sewerage network, afforestation works, silt control works, opening of channels etc has been taken up and completed.”
On account of non-availability of funds, LAWDA stated the project was bound to be affected along with cost overrun. “Out of balance cost of Rs 40 crore, Rs. 15.00 crore have been released to the State government for onward release to LAWDA but has not been released to LAWDA till date,” the affidavit of LAWDA reads.