Fayaz Bukhari
SRINAGAR, Nov 12: The Jammu and Kashmir High Court today directed that no official of the Srinagar Municipal Corporation (SMC) can dispose of his/her assets and asked them to hand over the property statement by next week or face Vigilance inquiry.
A Division Bench of the State High Court comprising Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magray while hearing a Public Interest Litigation on Srinagar Master Plan violations directed: “The Officials of the SMC including Chief Khilafwarzi Officer, Khilafwarzi Officer, building inspector, Senior Building Officers and other enforcement officials shall not deal with their property by any mode whatsoever till further orders from the court.”
The Court directed them to file undertaking before the High Court within two days. The Court order reads: “They shall file undertaking before Registrar Judicial that they will not deal with their property by any mode whatsoever.”
The Bench asked the counsel of the SMC, advocate Mir Firdous Ahmad, to furnish the details of the bank accounts and the assets that are in the name of the SMC officials including the Enforcement wing officials, their spouses and children by next date of hearing that is on November 21.
The Court has directed that the officials of the SMC’s enforcement wing that is entrusted with enforcing civic laws to file individual affidavits by or before next date of hearing suggesting the property in their name and its location.
The Court observed: “First, the opportunity is given to the SMC officials to furnish their property statement otherwise we will hand it over to Vigilance.”
The SMC Commissioner, G N Qasba, who was present in the court as per the directions issued yesterday submitted a paper through his counsel to the Court. The Court was not satisfied with the list provided by the SMC Commissioner and observed: “Is this a sweepers list.”
Advocate General Mohammad Ishaq Qadri submitted before the Court that Government has referred the matter to the experts regarding future course of action for revising the Srinagar Master Plan.
The Court expressed dis-satisfaction over the Government’s stand regarding revising the Master Plan. “You are going in a particular direction”, the court observed.
The Court asked from the Advocate General: “Are you not bound to implement your own laws.”
The counsel, advocate M A Qayoom, for one of the applicants whose property has been sealed submitted that over 3000 violations are in the Srinagar Master Plan and only 42 building and structures were sealed. He pointed finger at SMC for taking action selectively against the few violators of the Srinagar Master Plan.
Senior advocate Zaffar Shah suggested that until Government comes with a policy with regard to violations of the Master Plan, the Court should give some relief to those whose buildings have been sealed as the Government policy may take at least six months.
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