Unauthorized construction of 339 buildings
Excelsior Correspondent
JAMMU, Feb 27: In a Public Interest Litigation (PIL) regarding illegal constructions being carried around Railway Station at Katra, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Moksha Khajuria Kazmi has directed Deputy Commissioner Reasi to file Action Taken Report (ATR) regarding unauthorized construction of 339 buildings which have come up in violation of Master Plan.
The Division Bench in order dated 03.12.2018, had made it clear that it will take a strict view against any person or authority found violating the law. “Only such deviations which are covered under the prescriptions of the judicial pronouncement and additionally covered under Regulation 11 of the Regulations, 1998 can be made the subject matter of compounding and not others”, the DB had stated.
“We are informed Senior AAG S S Nanda has not filed the compliance of the order dated 03.12.2018. He shall file the latest ATR/compliance report by or before the next date of hearing. A status/compliance report on behalf of the Deputy Commissioner, Reasi with regard to the sealing process had been filed on 10.11.2014 wherein it was mentioned that out of 70 cases of violations under Section 13 of Agrarian Reforms Act, 53 replies have been received and the replies to the notices are still pending from 17 violators. And in the interest of justice one more opportunity is being provided to them to file the replies to the notice”, the DB observed.
“The respondent vide order dated 24-07-2014 had constituted a committee comprising of Additional Deputy Commissioner, Reasi and Assistant Commissioner (Revenue) Reasi to scrutinize the replies and recommend further course of action in the light of Agrarian Reforms Act and Rules made there under. The committee also co-opted SDM Katra and Tehsildar Katra and furnished the report in respect of 53 cases on 7-11- 2014”, the DB observed
“The report of the committee is under examination and it is prayed that the answering respondent may be given reasonable time to take further action in accordance with the Agrarian Reforms Act and submit action taken report”, the DB observed, adding “ostensibly, the compliance filed by the Deputy Commissioner, Reasi would show that the Deputy Commissioner had to take action in accordance with the Agrarian Reforms Act with regard to 70 violators”.
Accordingly, DB directed that the Action Taken Report shall also include the action taken regarding the unauthorized constructions of 339 buildings which have come up in violation of Master Plan.
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