Excelsior Correspondent
SRINAGAR, Aug 18: High Court today referred a petition with regard to mushrooming of shopping malls and complexes on the National Highway in violation of the Master Plan to Division Bench in view of its public importance.
Advocate Bilal Ahmad Khan has filed a writ petition which was listed before Justice Ali Mohammad Magrey and after perusal of the record of petition and hearing Advocate Khan, he said the plea is of public importance and before passing of any order referred the same before the Division Bench for its consideration.
Advocate Khan seeks that the authorities including Union Territory of J&K through Chief Secretary, Commissioner/ Secretary Housing & Urban Development Department, Divisional Commissioner Kashmir, Vice Chairman Srinagar Development Authority, Commissioner, Srinagar Municipal Corporation, Chief Town Planner, Town Planning Organization Kashmir Srinagar and Chief Engineer, R&B Department, Kashmir be directed to implement the Master Plan (2015-35) in vogue in its letter and spirit and ignore implementation of SRO 260 of 1976 which has lost its validity so that the mushrooming of constructions in Srinagar city is avoided.
The respondents be directed to allow constructional activities of the bypass from Panthachowk – Parimpora via Nowgam, Hyderpora and Bemina as per Master Plan (2015-2035) in vogue with the proposed right of Way (RoW) needs to be 50 meters and proposed building line 35 meters and same be implemented in letter and spirit.
When the matter was taken by Justice Magrey for consideration, the Registrar Judicial was asked to report as to whether the issue raised in the instant petition is subject matter of Public Interest litigation or not.
The Registrar Judicial in its report submitted that a PIL titled Mujeeb Andrabi with regard to unauthorized malls and superstructures is subject matter of the instant petition and is pending consideration before the division bench.
The instant petition being similarly placed, shall be listing along with the PIL before the Division Bench”, Justice Magrey directed.
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