Excelsior Correspondent
SRINAGAR, Dec 22: Jammu and Kashmir High Court today directed the Deputy Commissioner Anantnag to form a compliant Cell in his office for tackling illegal structures coming up in famous tourist resort of Pahalgam and lambasted the Government for not taking any action against violators.
The Division Bench comprising Justice MH Attar and Justice B L Bhat after perusal of status reports of various departments in consonance with earlier direction, directed DC Anantnag to constitute a Cell which would deal with the complaints filed by the people about the illegal constructions on the bank sides of river Lidder.
“The Deputy Commissioner, Anantnag shall constitute a Compliant Cell in his office to be headed by Additional Development Commissioner or Assistant Commissioner. The DC shall publish notice in two daily newspapers having large circulation so as to inform to the people of Pahalgam and its adjacent areas that they can file compliant in case they find that illegal structures are coming up in the Pahalgam and within the 200 meters radius on either side of the bank of river Lidder”, directed the bench.
Court also directed for constitution of the said Cell within two days and any complaint received about illegal construction shall be disposed of within one week. “The DC shall ensure that action in accordance with law is taken by the authorities on the basis of compliant and dispose of the same within one week”, directed the bench. “The DC shall pass order of constitution of the Compliant Cell within two days from the copy of this order is served on him”, directed the bench.
Court after going through the status report of Chief Engineer I&FC, in which list of structures which are existing within the radius of 200 meters have been furnished, observed that no action has been initiated in accordance with law against the violators despite the status report has been prepared on August 16.
“CE to file fresh status report indicating therein as to what action in accordance with law has been initiated in the first instance against those persons who have raised constructions within 50 meters radius on the banks of river Lidder”, directed the bench.
Court also directed Chief Executive Officer Pahalgam Development Authority (PDA) to file his fresh status report giving like information to the court as also information regarding as to how many structures are existed within the radius of 1-50 meters, 51-100 meters, and 101-200 meters on the bank of river Lidder.
In another status report by Member Secretary (PCB) in compliance of court direction states that 1280 structures are existing within the 200 meter radius from either side of the bank of river Lidder and categorization of these illegal structures have been indicated in the report.
“It is stated that Board will proceed against the defaulting commercial establishments especially hotels, guest houses, in light of laws governing environmental protection. No information has been given as to what action has been taken”, said the bench and directed the Member Secretary of PCB to file fresh status report indicating therein as to what action has been taken and details of those against whom action has been taken shall be mention.
DC also states that notices have been issued under BOCA act against those who have raised structures but these violators have approached High Court and Special Tribunal against demolition notices and maintaining of status quo has been directed by Special tribunal.
Court directed Special Tribunal to consider and decide those appeals which have been filed against demolition notices, in accordance with law within the reasonable dispatch preferably within two weeks from today.
Court directed DC Anantnag and CEO PDA to provide the information about the petitions which have been filed against the demolition notices to the registry of the court and subsequently court directed the registry to list all these petitions along with the PIL on next date.
After going through the report filed by CEO, PDA Court directed CEO PDA to ensure that no illegal construction is raised in violation of provisions of law or court orders in Pahalgam and within the radius of 200 meters of bank of river Lidder.
“This report however does not satisfy the court order; in essence, it is not in consonance with court order dated July 14. CEO PDA is given one more opportunity to file compliance report in light of observations and directions made in the aforesaid order”, said the bench.
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