Commissioner appointed to get actual position
Excelsior Correspondent
SRINAGAR, Dec 21: High Court today directed demolition of Khilan hut in Gulmarg in case the owner has violated the court orders.
The division bench of Chief Justice N Kotiswar Singh and Justice Moksha Kazmi directed for demolition of Khilan hut in Gulmarg in case violation of court orders is observed.
Court having heard one of the application filed by the owner of Khilan Hut wherein permission by the court was granted to the extent of tin roofing in order to protect the existing structure recorded that in case any undue advantage of court order was found then the structure shall be liable to be demolished.
This direction came to be passed after the Gulmarg Development Authority (GDA) contended that the applicant-Khilan Hut had taken advantage of order permitting for tin roofing, and raised unauthorized additional constructions.
The Court has also made it clear that if any authority had deliberately prevented the implementation of the Court’s order, necessary consequences will visit the concerned officials.
“All the sites where the tin roofing is supposed to take place shall be captured by still photography and video-graphy prior to construction, and the whole process of construction shall be video-graphed and, later, the sites will be again captured after the construction has taken place. The video-graphy shall not be accompanied by any audio data”, Court directed.
Court has directed for giving an undertaking by way of an affidavit by the Khilan Hut owner before the authorities mentioning therein that if in the name of tin roofing the applicant raises any construction which is not otherwise required except for the purpose of tin roofing, the same shall be liable to be demolished.
Court in order to ascertain the factual position on the spot and to find out if any of the parties had committed any act in violation of the Court order, deputed Registrar Judicial as Commissioner and directed him to visit the spot and examine the site.
“If necessary, examine any witness there, for which both the applicant as also the GDA may be present before the Registrar (Judicial) to submit their versions of what had transpired and happened during the implementation of the Court order. The Registrar (Judicial) shall file his report before the next date of hearing before the Bench”, reads the order.
Court has made it clear in case the applicant-Khilan Hut makes any unauthorized additional construction as alleged by the Gulmarg Development Authority, the same shall be liable to be demolished based on the report to be filed by the Registrar (Judicial).
Court has also made it clear that the order of renovation or repair by this court, will not be used while considering the claim for continuation or extension of lease. “…any deviation will be brought to the notice of this Court, if Gulmarg Development Authority is able to substantiate its claim in that event, this Court will take a serious view against the deviations made against the Court orders and pass appropriate order for demolition of such structures”.
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