SRINAGAR: The Jammu Kashmir and Ladakh High Court has ordered that the ban on the operation of engine-powered boats, including jet skis, motor boats and shikaras, in Dal Lake will continue, while directing the administration to prepare a comprehensive policy balancing environmental protection, tourism and the interests of different stakeholders.
A Division Bench comprising Chief Justice Pushpendra Singh Bhati and Justice Yash Paul Bourney asked the government to place a tentative policy before it by the next date of hearing on November 16. The proposed framework must also examine the use of solar and electric energy to power boats, shikaras and jet skis.
The court made it clear that its earlier directions prohibiting the operation of fuel-powered boats remained in force and warned that any violation would be viewed very seriously.
The directions were passed on October 31 while hearing applications seeking the impleadment of additional stakeholders in a petition concerning the operation of boats in Dal Lake. Senior Advocate B A Bashir, assisted by Advocate Falak Bashir, had earlier raised concerns over alleged discrimination in the boat industry operating in the lake.
The court had, on October 14, considered the operation of motor boats, jet skis and shikaras powered by fuel-based engines and directed that all such boats be stopped from operating to prevent further pollution of the lake. Administrative services, including emergency services, law and order, disaster management and safety, had been exempted from the restrictions.
During the latest hearing, Bashir informed the court that an application had been filed on behalf of stakeholders operating licensed jet skis and motor boats. The applicants sought the formulation of a considered policy to ensure an equitable distribution of benefits generated by the boat industry.
Allowing the application, the Bench ordered that the applicants be impleaded as parties to the proceedings. It also allowed another application seeking the impleadment of additional stakeholders, directing that both applications be disposed of.
Senior Additional Advocate General Mohsin Qadiri, appearing for the government, submitted that the administration would prepare a tentative and comprehensive policy governing boat operations in Dal Lake, while also considering the use of solar and electric energy.
The Bench directed the government to place a detailed roadmap along with the proposed policy, setting out the existing position regarding the number of motor boats, jet skis and shikaras permitted to operate in the lake. The information must distinguish between motorised and non-motorised boats and include statistics on their numbers and respective engine specifications.
The policy must also take into account expert recommendations on the proportion of the lake that should be earmarked for hand-rowed shikaras and the extent to which the interests of other stakeholders, including operators of jet skis and motor boats, could be accommodated.
Emphasising the need to consider the lake’s specific characteristics, the Bench observed that “every lake has its own peculiarities”, describing Dal Lake as “a valuable water body in the Valley of Srinagar”.
The court said the policy should be framed after considering all relevant aspects, including “environmental safety, pollution and tourism”. It directed that a copy of the proposed framework be provided to all stakeholders, allowing those whose impleadment applications had been accepted to submit their suggestions after the policy was placed before the court.
The government has been asked to submit the proposed policy on or before November 16, when the matter will be taken up again.
The petitioners were represented by Senior Advocate BA Bashir, assisted by Advocate Falak Bashir. The respondents were represented by Senior Additional Advocate General Mohsin Qadiri, assisted by Government Advocate Waseem Gull, while Advocates F A Wani and Masood also appeared in the matter.
