Mohinder Verma
JAMMU, Sept 21: In a development of far reaching consequences, State High Court has allowed an application highlighting large-scale commercial activities in the Housing Colony of Gandhi Nagar and it would be heard in detail on November 12.
The application was moved by Advocate Jaspinder Singh through Advocate Parag Sharma seeking permission to be impleaded as intervener in the Public Interest Litigation (PIL) titled Amit Dalia Versus State of Jammu and Kashmir regarding illegal and unauthorized constructions in old Jammu city.
In the application, it has been submitted that the concerned Government agencies have allowed whole of the Housing Colony of Gandhi Nagar, which otherwise is a residential area, to be converted into commercial area by giving permission for opening of big shopping complexes, nursing homes, restaurants etc.
“As per the information collected by invoking the provisions of J&K Right to Information Act, 2009, Housing Colony of Gandhi Nagar was developed by J&K Housing Board for residential purposes and as per the records available no commercial building permissions have been accorded in Housing Colony Gandhi Nagar other than the area earmarked for commercial activity by the Housing Board”, the applicant said.
The area has acquired the status of more of a commercial hub having big shopping centres of every type including sale and service of motor vehicles than remaining a Housing Colony and commercial activities start from famous Green Belt area covering all the main arteries and sub-lanes of this posh colony, he said, adding the prevailing situation is despite the fact that the colony was developed on the pattern of Chandigarh city in order to provide modern facilities to the inhabitants of the State.
As per the Master Plan of the Housing Colony, in every block and sector there is provision for minimarket. However, few years back when authority of law and order had started gradually diminishing, the residential colony started turning into hub of commercial activities.
“The violators of the law were hand in glove with the law enforcing agencies of the then Jammu Municipality and now with the officials of substituted Jammu Municipal Corporation. In the earmarked residential zones, nursing homes, restaurants, insurance offices, banks, gyms and beauty salons etc. have come up with full immunity”, reads the application moved by Advocate Parag Sharma.
Stating that High Court has already taken cognizance of the violations of approved Master Plan of Jammu city, the petitioner said that flagrant violations of the Master Plan of Gandhi Nagar Housing Colony shall also be looked into for taking necessary action.
“The most startling violation has been committed by the Jammu and Kashmir Police Department which has opened a petrol pump in the residential area side-by-side leasing out a building to a private party on rent for running a business of restaurant”, the applicant said, adding “few years back Housing Board had issued notices to the violators but till date no action has been taken against them”.
The astonishing aspect is that Power Development and Public Health Engineering Departments have also provided electricity and water connections to these commercial houses, which are also causing pollution in residential areas detrimental to the health of the residents. Moreover, they have also allowed the use of heavy generators which emit noise and carbon-dioxide at high rate.
“During festivals as well as sale period whole of Gandhi Nagar Housing Colony is blocked by traffic jams as such it causes inconvenience to the local residents and other users. Some big houses have even got their own water supplies by underground drillings with the connivance of Public Health Engineering Department”, he said, adding “the Department of Pollution Control has also turned a blind eye to all the violations of the laws”.
The applicant has also drawn the attention towards the judgments of Supreme Court in the case of R K Mittal and Others Versus State of UP and Others and Manohar Joshi Versus State of Maharashtra and said, “the Apex Court has very seriously frowned at violations of Master Plan in these judgments”.
The applicant is seeking directions to all the respondents for sealing of all the commercial establishments in Housing Colony of Gandhi Nagar, which have come up in violation of land use. He is further seeking directions for disconnecting the water as well as power supply to all the commercial establishments, which are operating in residential colony of Gandhi Nagar and identification of violators of Master Plan as well as officials, who allowed such flagrant violations for taking suitable action under law.
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