Excelsior Correspondent
JAMMU, Feb 11: Division Bench of High Court comprising Chief Justice M M Kumar and Justice Dhiraj Singh Thakur today granted one month time to the Reasi district administration for completion of sealing exercise in the holy town of Katra and issued contempt of court notice to the DFO Demarcation for non-compliance of earlier directions.
When the PIL came up for hearing, AAG Seema Shekhar submitted that as per the compliance of the previous directions of the Division Bench, sealing process was going on in the Katra town. She, however, said that some delay has been caused because of various reasons including filing of SLPs by some persons and grant of stay order by the Apex Court.
Through the status reports, the Divisional Commissioner Jammu and Deputy Commissioner Reasi apprised the DB that Chief Executive Officer, Katra Development Authority and Executive Officer, Municipal Committee Katra have sealed seven commercial shops and two buildings.
“The sealing process remained suspended on February 7 and had to remain suspended even on February 8 due to entire administrative machinery being occupied with the VVIP visit and management of security and civic amenities for the event—convocation in SMVDU”, the status reports said, adding “the Executive Officer, Municipal Committee Katra has submitted a fresh list of all the violations as on date which is being examined for further necessary action as per the directions of the High Court”.
According to the status reports, no further illegal construction has been reported during this period at the Anti Encroachment Cell Katra or Deputy Commissioner’s office.
After hearing Advocate Parag Sharma and Advocate RS Jamwal for the petitioner whereas AAG Seema Shekhar with Advocate G S Thakur for the State and Forest Deptt whereas Advocate Adarsh Sharma for the Katra Municipality, DB observed, “the directions issued by this court in order dated December 31, 2013 have attained finality as the Supreme Court has upheld the orders of this court”, adding “there is no impediment now left for proceeding with the implementation of the directions”.
“It has been brought to our notice that whole construction activities were stayed vide order dated September 5, 2013 which was modified permitting SMVDSB to proceed with its construction work. It has also been brought to our notice that there are persons who have got valid permissions to raise construction”, the DB further observed, adding “if such cases are not hit by order then they would be at liberty to proceed with their construction work because there is no order passed by this Court which may stop a citizen to proceed with the construction, if he has valid permission as per law from the competent authority”.
“DFO Demarcation has not complied with the earlier directions and AAG Seema Shekhar has pointed out that this part of the directions for some reasons has not been complied with. Therefore we direct that DFO, Demarcation may be issued a notice to show cause why proceedings under Contempt of Courts Act be not initiated against him”, the DB said, adding “AAG Seema Sekhar has also apprised the Court that no illegal construction is being raised without permission or in violation of the Master Plan necessitating its immediate demolition as per the directions issued in earlier orders”.
About the application seeking extension of time for completing the sealing process, the DB said, “it has been disclosed that Chief Executive Officer, Katra Development Authority has submitted a list of 41 buildings which have been constructed without permission and in violation of the Master Plan. This list is in addition to 27 buildings identified by the Executive Officer, Municipal Committee, Katra to which reference has been made in earlier order, whereas list as per the directions issued is yet to be filed”.
While granting one month time for completion of sealing process, Division Bench directed that the status report be filed three days before the next date of hearing. The DB made it clear that visits of the dignitaries or any other functionaries should not cause any impediment in the implementation of Court orders because the process is entirely different. “Such like excuses shall not be considered as a valid for delayed implementation”, the DB added.
“The issue with regard to demolition of structures blocking public utilities, lanes/by-lanes is sought to be raised in the instant application. According to the status report filed by the Deputy Commissioner, Reasi, list of such buildings is yet to be furnished by the Municipal Committee and Katra Development Authority. In order dated December 31, 2013 directions have also been issued for sealing of all such buildings and at this stage the prayer made in the application cannot be allowed by issuing directions to make such lanes/bye-lanes functional for the reasons that it would amount to result in directing demolition of all such building”, the DB said and directed Registry to list this PIL on March 17, 2014.
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