JKHC takes serious note of non-compliance of orders on Dal Lake

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Srinagar, Nov 19 (UNI) The Jammu and Kashmir High Court has sought from the state Chief Secretary the particulars of all the officials associated with the implementation of its directions on preservation of Dal Lake since 2002, so that action could be taken against them for non-compliance of court orders.

A division bench, comprising acting Chief Justice Nisar Ahmad Kakru and Justice Hakeem Imtiyaz Hussain, cited a report of the committee, appointed by the Jammu and Kashmir High Court to monitor the implementation of its orders on preservation of famed Dal Lake, which has come down heavily on officials for non-compliance of court directions in this regard.

''There are not only instances of non-adherence of court orders, but many more, prima facie, depicting flagrant violations, giving a reason for issuance of notices to officials responsible for breach of directions to show cause why contempt proceedings should not be initiated against them,'' the court said.

However, the bench said before proceeding in this direction, it would be appropriate to direct the state Chief Secretary to give particulars of all the officials associated directly or indirectly with the implementation of its orders right from July 19, 2002, when the first detailed direction was passed by one of the coordinate benches of the Jammu and Kashmir High Court.

''The violations of the court directions are a tip of an iceberg.

Detailed violations would be spelt out to enable the alleged contemnors to respond effectively.

''In the meanwhile, the state functionaries, in particular the LAWDA vice chairman, should ensure full implementation of court directions in letter and spirit and any default would be at their own risk and peril,'' it added.

The bench further said copies of the report have been furnished to the amicus curie and the state advocate general and directed them to seek information from every official concerned on personal affidavits inter alia giving details of the steps, if at all any, taken towards the compliance of court directions on the Dal Lake.

As far as recommendations and suggestions of the Committee are concerned, the court directed the state Chief Secretary to file a reply by the next date of hearing in the case on December 4.

The court further asked the Committee to file by the next date a report on improvement, if any, in Dal Lake after its earlier visit.


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