Excelsior Correspondent
Srinagar, July 26: The High Court today sought report from the Deputy Commissioner Srinagar regarding removal of encroachments from State land in Parimpora area of Srinagar.
Hearing a petition on encroachments on ‘Mehfooz Kacharie’ at Parimpora Srinagar which has now culminated into two residential colonies, Court directed the Deputy Commissioner to indicate the action taken so far against the encroachers.
Initially the matter was heard by single bench and after perusal of the pleading of the petition and in view of the seriousness and public importance of the matter has been remanded to division bench for further action.
“The learned counsel for respondents 12 to15 pointed out that even the petitioner is an encroacher, he shall also be removed from the subject land. The affidavit be filed by the Deputy Commissioner indicating the action taken, if any police help is required same shall be provided by the SHO parimpora”, Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed.
DC Srinagar in its earlier affidavit has admitted that almost 200 residential structures have come up on the land, which according to him are un-authorized and illegal. “Apparently some kind of notice has been issued to the encroachers and no further follow-up action has been taken. The DC shall indicate as to what action has been taken to remove the encroachments”, DB said.
Counsel representing Deputy Commissioner submitted the report of DC before the division bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey which the court has taken on record and directed him to file the latest report by or before September 6.
It was stated in the petition that respondents 12 to 15 Abdul Karim Khuroo, Bilal Ahmad Khuroo, Nazir Ahmad Aga and Mohammad Amin Tabardar all residents of Shah Colony Parimpora have managed illegal construction on the State land classified as Mehfooz Kacharie at estate Barthana Parimpora and even the innocent people are wooed to habitat on the said land, which subtlety has resulted into formation of two number of illegal colonies namely Firdousabad and Mustafabad holding 350 households on the State land.
It was further submitted that the illegal process of grabbing State land by these persons (four) has been since 1994 under the nose of Municipal Authorities including Commissioner SMC, Chief Enforcement Officer SMC, Ward Officer No.24 and Ward Officer No.25 as their failure to perform the statutory obligations under Land Revenue Act, Municipal laws and Ranbir Penal Code.
It was submitted that silence observed by the state authorities on the subject matter spectacularly speaks volumes on nepotism and favoritism at the cost of ulterior motives and oblique considerations which goes contrary to the constitution of India.
Petitioner prayed before the court that the authorities be directed to perform their statutory duty on the issue with a reasonable time.
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