Excelsior Correspondent
SRINAGAR, May 30: The Jammu and Kashmir High Court directed State Government to frame complete policy on preservation and protection of State land and Kahcharie and warned all the Deputy Commissioners of Kashmir of framing rule against them for dereliction of court orders.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey directed: “The State shall have to frame a comprehensive policy for protection and preservation of the Kahcharie land as also the land which stands already retrieved.”
Court also warned the Deputy Commissioners of Kashmir valley for facing action as they are not implementing the court orders with regard to protection of Kahcharie land and the land which has been retrieved from the encroachers.
“Before framing rule against all the Deputy Commissioners, they are given one more opportunity to implement the court orders issued from time to time and also observe their statutory obligations faithfully”, court said while passing a detailed order.
Court has also in order to verify the removal of encroachments from Kahcharie and land as submitted by various authorities including DCs and its protection and preservation for further encroachments sought formation of two member committee comprising of retired Secretary and retired District Judge.
“Today learned counsel from both sides suggested that Ghulam Nabi Mir, retired Secretary, who is an expert in revenue matters and Javaid Kasoos, retired District Judge be requested to be members of the committee, who will verify the reports of the aforementioned authorities. Registrar Judicial to seek consent from the said persons in this behalf”, court order reads.
With regard to issue of finalization of proposed Master Plan and plan for construction of Satellite Township Commissioner Secretary to Government Housing and Urban Development Department (H&UDD) has in his compliance report stated that Master Plan for the year 2012-2032 is being revised and prepared by Srinagar Development Authority and Cabinet has approved extension of area for Srinagar City from 416 Sq Km to 757 Sq Km in the said Master Plan.
Court has been apprised that in the proposed Master Plan sufficient areas for residential, commercial, public uses, transportation, preservation of eco-system areas, protection of water bodies and agriculture land have been included. It is being put in general public for inviting objection and suggestions and thereafter the same be place before the Cabinet for approval.
Court with regard to formation of Satellite Township in its earlier order said that nothing has been brought to the notice of the court about development of land measuring 440 kanals and whether possession of 797 kanals is taken over or not.
Court directed the Commissioner H&UDD to file a fresh status report indicating therein about the steps taken in respect of these issues. “Commissioner Secretary shall file fresh status report indicating steps taken for finalization of revised draft Master Plan and taking over the possession as also construction of Satellite Township. Status report be filed before the next date”, court directed.
Court also directed Divisional Commissioner Kashmir for filing of comprehensive report before the court on next date in respect of all district of Kashmir Division reflecting the removal of illegal encroachments and unauthorized occupation of the Kahcharie land.
“The Div Com Kashmir shall also inform the court about the steps taken for protection and preservation of the Kahcharie land already retrieved. He shall also ensure that there are no further encroachments on the said land”, court directed.
Court has also been informed that conversion of agriculture land for other purposes has grown in recent past and under the nose of the authorities, constructions are being raised on agriculture land in violation of the statute.
The Deputy Commissioners and all other statutory authorities have been earlier directed to ensure that there is no illegal conversion of agriculture land and no construction comes up on such land in violation of the laws of the land.
“All the Deputy Commissioners in their compliance reports, shall also state as to which action has been taken against those persons who are raising constructions illegally on the agriculture land”, order the bench to all the DCs of Kashmir division.
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