Mir Farhat
SRINAGAR, Sept 30: Jammu and Kashmir High Court today directed the Srinagar Municipal Committee to swing into action and seal the buildings belonging to violators as per the show cause notices and demolition order of 2009, with the help of police within three days.
A Division Bench of High Court comprising Chief Justice M M Kumar and Justice D S Thakur, after hearing a Public Interest Litigation on encroachments, removing of illegal structures raised in violation of Master Plan in Srinagar city, passed a slew of direction on SMC on removing of encroachments including direction to Director General of Police to provide any help to SMC if required.
As soon as the proceedings started with advocate Anees Ahmad vice amicus R A Jan pointing out that 42 show cause notices have been issued by SMC to the violators, who have raised buildings a decade ago, time and again, the bench said “we fail to understand as to why after passing demolition order in March 2009, the necessity of another show cause notice in this year was felt.”
The Court rapped the SMC authorities for disobeying and neglected the orders observing “you are hand in glove with violators like Pollution Control Board and JK Control of Building Operation Act 1988 has been violated.”
The bench also directed the SMC to file status report with the registrar judicial on October 4.
Submitting that the sealing process would create law and order problem in the city, counsel for SMC Shah Amir sought more time from the Court.
“We will not follow dates…..public is also watching us,” the bench retorted.
The Court further observed that in all PIL’s this court is custodian legis and no other court or tribunals to entertain any litigation belonging to the subject matter in the PIL.
The Court directed the Principal District Judge , third additional District Judge and JK Special Tribunal to transfer the litigations to High Court after hearing they have entertained some litigation.
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