Excelsior Correspondent
SRINAGAR, Sept 25: The High Court today sought status report from the authorities on the structures and buildings including shopping complexes and malls in Srinagar city which have been raised in violation of building permission and Master Plan.
As the matter has been taken for its further consideration, the State counsel B A Dar (AAG) submitted before the court that the records pertaining to the said PIL got destroyed in 2014 floods. With these submissions from the Counsel, Court directed the Registry to provide the digital copy of the records without Court orders to the counsel.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey further observed to the counsel that “You allowed commercial buildings in residential areas as also these buildings without parking facility’. Court directed him to file the response in the matter by October 22”.
Court had directed for sealing all those complexes, shopping malls raised in Srinagar city in violation of Master Plan and provision of building permission.
After sealing all these structures by Srinagar Municipal Corporation the previous Government (NC-Congress) came with a legislation under the name of Jammu and Kashmir Civil Laws (Special Provisions) Act 2014 for protection of these structures which including shopping complexes and malls in Srinagar city which have been raised in violation of building permission and Master Plan, as the court direction for sealing of these structures was in force.
The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey while hearing the public interest directed the authorities to file the latest status report within a period of two weeks with regard to those illegal structures as the act (moratorium) providing protection to these structures is not in force.
The act (moratorium) says that no building or structure raised in violation of master plan shall not be demolished or sealed till finalization of policy to deal with unauthorized construction.
“……No building or structure shall be demolished or sealed, and no penalty shall be imposed in respect of such building or structure, on the ground of such building or structure having been constructed or erected in violation of master plan pending finalization of the policy under Section 3”, read the act.
The said act came into force on March, 2014 and was enforceable up to March 2015. Thereafter the next Government PDP-BJP coalition Government in the month of April 2015 introduced a bill in Assembly seeking extension of moratorium on action against unauthorized constructions till December 2015 so as to complete the revision of Master Plan.
The said act was extended to all the areas with the jurisdiction of Srinagar Municipal Corporation, Srinagar Development Authority, Jammu Municipal Corporation as also to Jammu Development Authority.
Since the extension time of the act (Jammu and Kashmir Civil Laws (Special Provisions) Act 2014) is going to lose its force in September 30 this as such as per law the directions of the court with regard to sealing of unauthorized structures shall become operational after September 30 and the authorities (SMC) are duty bound to take steps against the unauthorized structures in terms of previous court directions.
The PIL was filed on account of public concern about large scale violations of various Acts and Building Laws prepared for planned development of Srinagar city and it has been stated in the petition that a number of buildings, commercial complexes have come up in violation of these acts and laws with tacit approval of the authorities like SMC, LAWDA and SDA.
It has been alleged in the instant PIL that though the officers and officials responsible for preventing illegal constructions, demolish constructions so raised in some case took half hearted steps and emboldening others to take law in their own hands and allow them to raise constructions whatever they desire to raise.
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