Fayaz Bukhari
Srinagar, Oct 31: In a landmark judgment, the Jammu and Kashmir High Court today directed the State Government to take action against the officials who facilitated violation of Srinagar Master Plan (SMC) and asked it to inform the court about property of such officials.
The Division Bench of the Jammu and Kashmir High Court comprising Justice M H Attar and Justice A M Magray while hearing a Public Interest Litigation (PIL) regarding violations of Srinagar Master Plan directed the Government to identify the officers of the Srinagar Municipal Corporation (SMC) and other concerned departments who are involved in the violations of Srinagar Master Plan and initiate action against them.
The Court order says: “The serious violations in respect of Civil Laws can’t be one sided affair. Connivance of the officers/officials of the SMC and other concerned departments is writ large.”
“In order to ensure that such type of violations are not repeated in future, the State of Jammu and Kashmir and all other concerned authorities will be duty bound to identify the officers/officials and initiate action against them in accordance with the law. The State and its authorities should also inform the court on the next day of hearing about the moveable and immovable properties owned and possessed by such officials”, directed the court.
Advocate General of the State, Mohammad Ishaq Qadri, submitted before the court that the Government may take two months to evolve a policy and take a stand before the court regarding the Srinagar Master Plan violations.
Qadri further submitted before the court that the matter may be listed on November 8, 2013 so as to enable him to take a preliminary stand regarding the policy to be formulated by the Government. He informed the court that before the next date of hearing, the concerned officers will hold a meeting to evolve the preliminary policy.
The counsels of the applicants whose shopping complexes and hotels were sealed early this month by the SMC under court directions submitted before the court that their clients are suffering as a result of sealing and urged that the matter be considered at an earliest.
The bench while making observations said: “Srinagar city is one of the most beautiful places on this planet. Unfortunately insatiable human greed has to some extent destroyed the serene and beautiful environs of the city. Some amongst us in pursuit of attaining worldly possessions here caused serious damage to this nature’s chosen place.”
The bench in its order said: “We owe a duty to our future generation. It is not only our constitutional and legal obligation but a sacred duty is cast on all of us to ensure that the favours of nature are preserved and taken care of.”
The SMC sealed 18 building on October 2 built in violation of Srinagar Master Plan under court directions and issued notices to 45 violators and it has been found that there are 40, 000 violations of Srinagar Master Plan.
While Government has sought two months to formulate a policy on the Srinagar Master Plan violations, the House Committee of Legislative Council last week demanded stern action against the violators of Srinagar and Jammu Master Plans and also demanded action against the Government officials who facilitated such violations.
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