Excelsior Correspondent
SRINAGAR, June 28: The Chief Justice of Jammu and Kashmir High Court, M M Kumar, today sought personal appearance of the Commissioner, Srinagar Municipal Corporation (SMC), G N Qasba, before the court and directed him to file a fresh apology as per law.
The Division Bench of the Jammu and Kashmir High Court comprising Chief Justice M M Kumar and Justice D S Thakur, was hearing a Public Interest Litigation (PIL) titled Mujeeb Andrabi versus State and others.
Chief Justice Kumar had directed the Advocate General of the State, Mohammad Ishaq Qadri, to present the SMC Commissioner before the court today. But the SMC Commissioner was absent in the court.
As the hearing of the case began, Chief Justice observed: “Where is the Commissioner. He was required to be present here as he has committed such type of mistake.” The SMC counsel Firdous Ahmad Mir in his reply told the court that he is on the way.
The court directed his counsel that the SMC Commissioner should file a fresh affidavit in accordance with the law.
The court orders says: “The Commissioner is not present here. However, he presented affidavit which is not in accordance with the law. We give liberty to the deponent to file a fresh affidavit.” The case has been listed on Tuesday for next hearing.
The PIL seeks making the Srinagar as ‘hawker free city’ by removing all hawkers from the city and to provide them alternate space.
While complying the High Court order (dated 22-05-2013), the SMC authorities filed response where in one of the paras about failure on part of the SMC to remove the illegal constructions court directions were held responsible.
The SMC had mentioned: “The problem gets further aggravated due to passing of interim orders by this court due to which the SMC could not take any action.”
The PIL titled Mujeeb Andrabi versus State and others further sought directions to be issued to the concerned departments for expediting the road widening from North side of Srinagar at HMT-Narbal crossing and provide alternate routes to Pantha Chowk traffic mess.
It has also sought directions be issued to remove all illegal structures erected in violation of Master Plan as the SMC has failed to check its violation.
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