Absence of centralised development regulatory authority, legal statute led to inadequacies in conservation

Jammu, Apr 09:Inadequacies in institutional arrangements for the discharge of environmental functions related to lakes, lack of cross-sectoral institutional convergence, monitoring and evaluation in the Union Territory are due to the absence of a Centralised Development and Regulatory Authority and specific legal statute or Act for conservation and management of lakes in J&K.

Although several legislations enacted for protection of environment which included provision for conservation and management of lakes, no authority with regulatory backing was established to restore, preserve and protect lakes in Jammu and Kashmir, observed the performance audit of “conservation and management of lakes in J&K” by the Comptroller and Auditor General of India.

A draft bill was prepared in April 2000 by J&K Lakes Conservation and Management Authority to establish a “Development and Regulatory Authority for Conservation and Management of Lakes.”

Due to the indifferent approach of the Government of J&K, the proposed legislation could not be approved as of March 2022 despite lapse of over 22 years since preparation of bill, pointed out the report of the Comptroller and the Auditor General of India on “Conservation and management of lakes in J&K” for the period ended March 2022.

“Given the absence of a lake specific Centralised Development and Regulatory Authority and specific legal statute or Act, there were diffused functions across various institutions, inadequacies in institutional arrangements for discharge of environmental functions related to lakes, lack of cross-sectoral institutional convergence, monitoring or evaluation and absence of lake generic management activities related to conservation of lakes,” the audit mentioned.

Flagging lack of institutional arrangements for discharge of environmental functions related to lakes, the audit noted with concern that the departments and authorities had fragmented mandate and responsibilities and had failed to fully comply with the entrusted mandate.

Nine institutions, the report mentioned, were assigned different functions related to environmental issues including those related to lakes.

Out of these nine institutions, six were falling under the administrative control of the Forest department which had a major role in discharging functions relating to conservation and management of lakes. Audit noticed inadequacies in discharge of specific functions by these institutions as well.

The Government of J&K assigned the Ecology, Environment and Remote Sensing Department (EE&RSD) in October 1989 to conduct a detailed survey of lakes, study their physical, chemical and biological dynamics and on the basis of the data so collected, prepare detailed plans for development and monitoring of each lake.

However, EE&RSD had not carried out a detailed survey of lakes due to which physical, chemical and biological dynamics of lakes were not available for preparing development plans for these lakes. Plans were prepared by the respective departments or Authorities (to which these lakes were transferred) only in respect of six lakes i.e., Dal, Wular, Hokersar, Surinsar, Mansar and Manasbal, the audit pointed out.

EE&RSD in its reply to CAG, in February 2021, stated that it was deficient in technical manpower such as environmental and hydrological engineers, ecologist, limnologists, biologists, remote sensing and GIS specialist, although proposals for requirement of manpower resources were submitted to the Forest Department time and again (latest in August 2019).

EE&RSD further stated that they did not have a laboratory and technical wing for devising strategy for planned development and maintenance of lakes.

“The fact remained that J&K Ecology, Environment & Remote Sensing Department had failed to carry out a detailed survey of 697 lakes and hence physical, chemical and biological dynamics of lakes were not available for preparing development plans for these lakes,” the CAG observed.

Censuring the functioning of the J&K Principal Chief Conservator of Forest (PCCF), the report mentioned that no comprehensive conservation and management programme or plan was prepared for 255 lakes falling under its (PCCF) jurisdiction, although Annual Plan of Operations (APOs) for other forest management works were prepared and executed.

Out of 255 lakes under the jurisdiction of PCCF, 441.05 hectares of area of 178 lakes had decreased or disappeared (including five test-checked lakes by audit with an area of 121.12 hectares).

The decreased area included an area of 80 disappeared lakes which had an area of 217.85 hectares (including one lake test-checked by audit with an area of 90.96 hectares).

Audit pointed out that the Divisional Forest Officers of Lidder, Kulgam, Mahore and Bhaderwah divisions in their replies in February 2021 stated that the Forest Department did not have clear responsibility for conservation and management of lakes and that due to lack of technical and scientific manpower and laboratory, the conservation and management of lakes could not be carried out.

“The fact remains that the 255 Lakes were under the jurisdiction of PCCF and no comprehensive conservation and management programme had been formulated for conservation of these lakes,” the CAG report noted.

Similarly, in the case of the Wildlife Protection Department (WPD), the audit mentioned that there was no comprehensive conservation and management programme or plans for 39 lakes under its (WPD’s) jurisdiction.

Although APOs prepared and executed for management and habitat improvement of wildlife in protected areas included activity plans in respect of lakes, the works executed as per APOs were not based on thorough survey and did not address the root causes of degradation of lakes, it was noted.

As a result, there was a decrease of 156.78 hectares in 20 lakes (which included four lakes test-checked by audit) having an area of 132.76 hectares i.e., 85 percent of total area of these lakes.

Audit, however, observed that WPD had carried out lake management activity plans such as survey, demarcation, desilting, de-weeding and plugging of breaches in respect of three lakes such as Hokersar, Surinsar and Mansar.

“WPD, in October 2022, stated that as 53 high altitude lakes were free from human pressures, they do not require any kind of intervention, management or restoration. The reply does not address the fact that all the lakes in J&K are high altitude lakes as per the National Wetland Atlas. Also, the guidelines of the Ministry of Environment, Forest and Climate Change (MoEF&CC) do not prescribe that conservation and management is not needed for high altitude lakes,” the CAG report stated censuring WPD.

Further, it pointed out, “Although lakes in protected areas are free from anthropogenic pressures, they may be facing problems of siltation and issues relating to water sources. As such, they also require conservation and management efforts.”