Fayaz Bukhari
Srinagar, May 5: The Housing and Urban Development department is sitting on the demolition drive of the illegal structures that have come up in summer capital Srinagar in gross violation of its Master plan.
According to figures available with the Srinagar Municipal Corporation (SMC) there are at least 1500 major violations of the Srinagar Master Plan with Shopping Complexes, Showrooms, Hotels, Schools and Hospitals coming up in Srinagar city without proper permission from SMC and No Objection Certificate (NoC) from various agencies like Srinagar Development Authority (SDA) and Pollution Control Board (PCB).
According to the SMC data major violations have been done mainly by the relatives of the Ministers, politicians (of ruling, opposition and separatist political parties), bureaucrats and big businessmen who have used their official position and money power to violate the law and choke Srinagar city.
The Vice Chairman of the SDA in December last year had sought directions from the Housing and Urban Development department, regarding Jammu and Kashmir High court directions in which it had asked the SDA to remove at least 96 illegal structures in Srinagar Nowgam Bypass area.
The VC, SDA (vide letter No. SDA/VC/2657 dated 02/12/2011) had sought directions from the Housing and Urban Development Department for demolition process of structures, the owners of whom had failed to respond to the notices and those who did not submit valid documents. “The demolition process is now to be initiated as per the directions of the High Court, therefore, further direction/kind guidance in this matter is solicited from the Housing and Urban Development Department”, says the letter.
But so far the Housing and Urban Development Department has neither responded to the letter sent by VC SDA and nor the VC SDA has sent any reminder and the court order has not been implement despite passage of its 12 weeks deadline.
The High Court order (dated 13-10-2011) in response to Public Interest Litigation (OWPPIL No. 1324 of 2011) by Youth Enlightening J&K Forum had directed the SDA to remove illegal constructions from Bypass, take appropriate action in accordance with law after giving opportunity to the persons/parties concerned.
The HC direction further says that such exercise shall be carried out by official respondents within 12 weeks from the date of filing representation before them. The representation was filed before the SDA on 18-10-2011, 5 days after the court order.
The SDA in response to the court order issued notices to 96 violators of which only 46 filed response while 50 didn’t bother to respond. The violators were asked to submit all record regarding land use and permission from the SMC. According to the documents filed by 46 violators to the SDA, almost all of them have grossly violated Srinagar Master Plan. The violators include Peaks Automobiles, Hotel Silver Star, Shuhul Automobiles, and Srinagar British School.
The violators of Srinagar Master Plan have no proper permission from the SMC, no NoC from SDA and no PCB clearance. However, some of the violators have managed NoCs’ from Block Development Officer (BDO) Baghate Kanipora, some from BDO Chadoora and others from Deputy Commissioner Budgam. All of them have no authority to issue such certificates as SMC permission is a must and SDA NoC is necessary as the later are custodians of Srinagar Master Plan. Some of the violators have managed Compound Fine from courts and others have got status quo orders from courts with the active connivance of the SMC and SDA authorities.
One of the violators’, M/S Shuhul Automobiles Pvt Limited, has managed permission from the Deputy Commissioner Budgam for the construction of workshop and showroom.
The Deputy Commissioner Budgam in its permission order has said: “in view of recommendation made by Tehsildar Chadoora vide QQ/07/242 dated 24-05-2007 and in continuation to NoC issued earlier vide this office No. DCB (BUD) SC/2K3/4066 dated 08-05-2003 Mushtaq Guroo is permitted to construct workshop cum showroom at Nowgam.”
The Deputy Commissioner’s permission order was based on report submitted by Tehsildar Chadoora, Budgam. The order quoted by DC Budgam says: ” Tehsildar has personally submitted to Deputy Commissioner’s Office vide No. QQ/07/242 dated 24-05-2007 has stated that the land on which workshop is proposed is not State land, Kahcharia, Shamilat, Nazool, Custodian or any public utility.”
Another violator, the Classic Health and Training Centre, Hyderpora Bypass has residential permission. One Mukhtara Begum Wife of Ghulam Ahmad Mir got permission from SMC for construction of single storey residential house at Gulberg colony, Hyderpora. The permission was given under order number 579 of 2000 but the owners have constructed a huge hospital building in violation of the Master Plan.
Srinagar Bypass is not the only area where the Srinagar Master Plan has been violated. Large number of Shopping Complexes, Hotels and Schools have come up in posh residential areas of Karan Nagar, Jawahar Nagar, Raj Bagh and Gogji Bagh with active connivance of SMC authorities. These Shopping Malls and Hotels have no parking resulting in choking of Srinagar city. Few shopping Malls cum Hotels had kept space for underground parking but later it was also rented out to companies and shoppers have to park their vehicles on main roads.
And all these Hotels and Shopping Complexes that have come up in Srinagar are major threat to the human lives as well. The Coordinator Disaster Management Cell Kashmir, Aamir Ali, says that height of the building have to be maintained as per the guidelines in Kashmir valley as it comes under seismic zone-5. “These complexes and hotels are not only in violation of Master Plan but also are unsafe as they have not followed the fire safety guidelines”, says a Fire Service Official.
Last month after Dr. G N Qasba took over as new Commissioner for SMC, a portion of one of the restaurants, the Mughal Darbar restaurant and bakery, was partially demolished as it had come up in contravention of the SMC the permission cum guidelines. But it proved to be an eyewash as the demolition drive was started and stopped at Mughal darbar only while over 1500 violators have been spared.
The Master plan violation has resulted in chokeng of Srinagar city resulting in huge Traffic Jams. DIG Traffic Kashmir, Shafqat Ali Wattali says that the violations carried out by the owners of commercial complexes and Shopping Malls adds to the traffic in the Kashmir valley especially Srinagar city. He said SMC laws are being trampled by the owners of business complexes and they have no accountability.
“When blue-print of a particular Shopping or Commercial Complex is made, provision for parking space is kept but in these Commercial Complexes it is missing. No parking space is kept by these people and as such people park their vehicles on the road. According to the municipal rules 60 percent space in a Commercial or a Shopping Complex has to be earmarked for parking facilities but on ground nothing of this sort happens,” said the DIG.
The DIG said that single level and two level parking should be kept by the owners of the Shopping and Commercial Complexes. He said this would ease the traffic pressure on account of wrong parking. He said the violations are being brought into the notice of concerned departments. He said departments and agencies like Srinagar Municipal Corporation, Srinagar Development Authority, Roads and Buildings and Transport should take action against the violators of municipal laws.
Follow our WhatsApp channel