Fayaz Bukhari
SRINAGAR, Dec 17: The High Court today directed the Srinagar Municipal Corporation (SMC) to seal the commercial complex of former Minister and senior Congress leader, Taj Mohi-ud-Din, for violating civic laws. It has also directed sealing of all Malls and commercial complexes in Srinagar city that have no parking facility.
The Division Bench of the High Court comprising, Justice MH Attar and Justice Ali Mohammad Magrey, while vacating the stay order directed the authorities (SMC) to seal the commercial complex of Taj Mohi-ud-Din.
The Court observed that the petitioner (Taj Mohi-ud-Din) cannot, after seeking benefit of civic laws and the permission granted to him, turn round and challenge the very law when action under it is initiated against him for committing its violation and no person can be benefited of his illegal actions.
“It prima facie, appears that the Civic Laws (Special Provisions) does not extent protection to type of violations, which the petitioner has committed and when his case stands decided by the quasi-judicial authority much before coming into force of the said Act”, reads the order.
Earlier, the SMC in its report said that the complex of the former Minister and Congress leader, Taj Mohi-ud-Din could not be sealed despite blatant violations of civic laws. The report said that he has made blatant violation of the civic laws and the permission granted to him in raising of commercial structure. “The permission was granted to him on the conditions that he would provide the ground floor of his five storeyed building for car parking facility but the said space has been used and utilized for commercial purposes”, the report said.
The report further submitted that the Congress leader’s structure could not be sealed because he has obtained stay order from the court while challenging the show cause notice of authorities wherein he was asked to show cause as to why the building be not demolished as it has been raised in contravention of the Act.
The Court has also directed sealing of all the complexes and Malls in the entire Srinagar that lack parking. The SMC has also been asked to submit the list of all the complexes and Malls which are as on today existing in the entire Srinagar city lacking parking facility.
The court while taking stern view with regard daily traffic jams and congestions in the city directed the information about all the existing Commercial complexes and Malls be provided within one week.
“Commissioner, SMC shall give exhaustive list of all the Commercial Complexes and structures which already exist in the City of Srinagar. The Commissioner, SMC will give full details about the vehicle parking facilities provided in these commercial complexes and structures and submit the necessary information along with the list within one week before the Registrar Judicial of this court”, directed the court.
Court, meanwhile, directed that any other commercial complex which is found without parking facility shall be sealed by the SMC and compliance report be filed before the next date.
SMC in its report has stated that 12 complexes have been inspected and after inspection it has been found that these complexes are having parking facilities and were not sealed. The report says that 5 complexes are under construction and have maintained provision for car parking facility.
“We accordingly direct that Municipal Magistrate (Sub-Judge) Srinagar will visit the sites of the 12 commercial complexes and structures, details whereof is given in the status report and will find whether these commercial complexes have actually provided functional car parking facilities”, Court directed.
Court has been informed that SMC has sealed 19 commercial complexes and Malls and among them 6 structures are under construction and have not adhered the provision of car parking facility in the basement.
Court said the report of Commissioner, SMC would like to be verified by deputing Court Commissioner on the sites mentioned in the compliance report.
Court while ordering sealing of the erring commercial complexes observed that in the land locked Srinagar City, huge vehicular traffic plying on the roads, has made the population of the city to suffer badly. “The consumers, who visit the commercial complexes, park their vehicles on the road side, which has become hazardous for the people in general and to those thousands of people, who come from rural areas and pass through the city every day in particular”, reads the court order.
Director Information was directed to ensure that the court directions are notified for the information of all through print and electronic media but he has not filed compliance of court direction. “Director Information shall besides filing compliance report in respect of the earlier order and also explain why he has not complied the court directions”, court said.
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