Excelsior Correspondent
JAMMU, Sept 20: In a Public Interest Litigation (PIL) against alleged illegal constructions by the land mafia, Division Bench of High Court comprising Justice Virender Singh and Justice AM Magrey today directed Secretary Housing and Urban Development Department to make his stance clear as to why Jammu & Kashmir Municipal Corporation Act, 2000 could not be made functional till date.
When the PIL came up for hearing, it was submitted that response to the main petition has already been filed by Commissioner Jammu Municipal Corporation, in which a specific stand has been taken by the Corporation that the an authority is granting permission and taking action against illegal and unauthorized construction under the provision of J&K BOCA Act 1988.
It was further averred that though the J&K Municipal Corporation Act 2000 has came into force, yet the building operations are being enforced under the Act 1988 as the Act of 2000 does not repeal Act of 1988 and certain formalities are still remain to be completed before J&K Municipal Act can be made operational.
Similarly, J&K Control of Building Operation Regulations, 1988 do not provide any provision that requires production of completion certificate. Such a provision is available in Act of 2000 but still action is being taken under Act 1988 as formalities required to take action under Act of 2000 are not complete.
On this, Division Bench directed Secretary Housing and Urban Development Department to make his stance clear as to why Jammu & Kashmir Municipal Corporation Act, 2000 could not be made functional till date. The High Court also directed the Registry to list this PIL after four weeks.
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