Srinagar: Jammu and Kashmir High Court on Wednesday asked Srinagar Development Authority (SDA) and Lakes and Waterways Development Authority (LAWDA) to file within two days status report regarding illegal constructions which do not come under the ambit by recently enacted legislation by the state government.
Hearing a Public Interest Litigation, a division bench of Chief Justice M M Kumar and Justice Muzaffar Hussain also asked Srinagar Municipal Corporation to file comprehensive status report.
As soon as the hearing in the PIL started around noon, advocate F A Mir, counsel for SMC, submitted the status report.
“The Status Report by Commissioner is again incomplete. It discloses in para 2 and 4, the status of only two buildings, namely Government women college Nowakadal in ward no 20 and maternity hospital in ward 24 (Bemina) which is being constructed by Public Works Department,” the bench said and asked the counsel to file comprehensive report.
Another status report was filed by Vice Chairman SDA, and the court observed that all that has been said is that a survey for the purpose of scheme under the latest civic law (Jammu and Kashmir Civic Laws (Special Provisions) Act 2014) is to be undertaken by various teams.
“The survey is got to do nothing with direction issued in the March 3 2014 order and subsequent orders,” the bench said
A status report was also filed by VC LAWDA and the court observed it to be a “verbatim copy of the status report filed by SDA.”
Accordingly, the bench directed VC SDA and VC LAWDA to file status by June 13, giving details about the unauthorized and illegal constructions raised in contravention of the Master Plan 2000-2021 within different ‘local areas’ of Srinagar city, commenced before March 5 but not completed on the date as well as structures and buildings currently under construction.
The details, bench said, should give all the necessary information including name of the person, date on which constructions commenced, place, nature and stage of the construction besides action taken against the violators.
The status report, the bench said, should also encompass details of buildings or structures raised before March 5, not complying with the safety standards or raised on public land or road.
The court was hearing a Public Interest Litigation filed by advocate Mujeeb Andrabi through his counsel advocate Firdous Ahmad Parray, seeking among other directions to clear Srinagar city of illegal constructions.
On March 5, the J&K government formally enacted the new Act to protect, for one year, thousands of unauthorized constructions that have come up in twin capital cities of Srinagar and Jammu besides Katra, a small town in Udhampur district of the state.
However, the provisions of the Act will not protect under construction or the buildings and structures which had been not completed on date of commencement of the Act.