Excelsior Correspondent
SRINAGAR, Oct 21: In a judgement that has put the State Government in dock over the gross violations of Srinagar Master Plan, the State High Court today directed the State Government to come up with a policy decision within two days on violations of Srinagar Master Plan.
A Division Bench of the High Court comprising Chief Justice M M Kumar and Justice Ali Mohammad Magray, after hearing a Public Interest Litigation (PIL) on encroachments and violations of Master Plan in Srinagar city, directed the Advocate General to ” apprise us weather there is any possibility of taking a policy decision with regard to violations which have taken place.”
The direction came to be passed after the court was appraised that there are larger number of buildings violations, which is approximately over 3000.
When the court asked about the thinking of the Government over the Master Plan violations, the Advocate General stated that the thinking of Government shall be placed before the court on Thursday.
During the arguments of the PIL, counsel for one of the violators, whose building has been sealed submitted that in Jawahar Nagar area Municipality shops have been constructed which are functioning from residential areas.
The Chief Justice retorted that court will pass orders only in accordance with Master Plan that is why we have asked AG to remain present. “Now it has become a human problem. It is like a daily-wager who came from back door for 10 years and seeks regularization,” observed the bench.
Riyaz Ahamad Jan, amicus curie, submitted that there are provisions under the Development Act and Municipal Act which envisaged power to Government to take steps which are appropriate to find out how to deal with this alarming situation for its mitigation.
The bench also pulled up the Srinagar Municipal Corporation during the proceedings with a number of observations.
“It is for the Municipality to look at the area where violations have been taking place and not remain silent; what action has been taken? If we deal with the applications for de-sealing these will have to be dismissed unless you (SMC) make a policy which is tenable and suitable in the eyes of law,” the bench observed.
The court further observed that you (SMC) have been allocated the area to ensure that no violation of Master Plan is raised. These constructions have not come in a day or two. (Now) the problem is of such a magnitude that a commercial building has been raised in residential area, the court added.
“There is no equity in favour of these violators and those who have allowed these violations. But, still if the Government, keeping in view of larger interest, comes up with a policy we will test that policy if it is acceptable to us and answers Article 14 of the constitution.”
Further rapping the SMC authorities, the Chief Justice observed that in the SMC Act there is power vested in District Magistrate and then to the Government that they can go to the extent of suspending the Corporation and dismiss its head.
“If the violations of such a magnitude have happened then the Corporation can be suspended by the Government and taken to task. Don’t spare the Corporation which is the culprit,” the bench observed, adding, that sealing and demolition of the illegal buildings will continue until Government steps in.
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