A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Yash Paul Bourney passed the directions while hearing a petition filed by Mohammad Rafiq Mir and others, after stakeholders operating motor boats and jet skis sought to be impleaded in the proceedings.

The Court directed the Government to prepare a policy examining the possibility of transitioning boats, shikaras and jet skis to solar and electric energy. It also called for a detailed roadmap setting out the existing number of boats operating in Dal Lake, their engine specifications and the distinction between motorised and non-motorised vessels.

Background

The proceedings concern the operation of boats, including motor boats, jet skis and shikaras powered by fuel-based engines, in Dal Lake. In its earlier order dated October 14, 2026, the High Court had considered allegations of discrimination in the boating industry operating in Dal Lake and directed that all boats fitted with motors or any other kind of engine and operating on fuel be stopped from operating to prevent further pollution of the lake.

The Court had, however, exempted administrative services, including emergency services, law and order, disaster management and safety-related operations.

During the subsequent hearing, Senior Advocate B.A. Bashir, appearing for certain stakeholders operating jet skis and motor boats with valid licences, sought their impleadment in the proceedings. He also urged the Court to formulate a duly considered policy to ensure equitable distribution of the benefits accruing from the boating industry.

Another application seeking impleadment was also considered by the Bench. Both applications were allowed, and the applicants were impleaded as parties to the proceedings.

Court's Directions

During the hearing, Senior Additional Advocate General Mohsin Qadiri submitted that the Government would come up with a tentative and comprehensive policy governing the operation of boats in Dal Lake, while also contemplating the use of solar and electric energy for boats, shikaras and jet skis.

Taking note of the submission, the Court directed the Government to place on record, along with the proposed policy, a roadmap depicting the prevailing position regarding the number of motor boats, jet skis and shikaras permitted to operate in the lake. The roadmap must also specify how many of these vessels are motorised and non-motorised, besides furnishing statistics regarding their respective engine specifications, the court ordered.

The Bench further directed that the proposed policy take into account expert recommendations concerning the proportion of the lake area that ought to 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 ecological and tourism significance of Dal Lake, the Court observed:

“Every lake has its own peculiarities, and the Dal Lake has the distinction of being a valuable water body in the Valley of Srinagar.”

The Bench accordingly directed that, keeping in view all relevant considerations, including environmental safety, pollution and tourism, a tentative but comprehensive policy be formulated and placed before it on or before the next date of hearing. A copy of the proposed policy must also be provided to all stakeholders, who would be at liberty to submit their suggestions after it is placed before the Court.

The Court, however, made it clear that the prohibition imposed earlier would continue in the meantime.

“In the meanwhile, the directions prohibiting the operation of any engine-powered boat whatsoever, whether a jet ski, motor boat or shikara, shall continue to remain in force,” the Bench directed.

It further cautioned that any violation of the directions would be viewed very seriously.

The matter has been listed for further consideration on November 16, 2026.