Illegal constructions

Illegal constructions

Srinagar: Observing violation of its orders with “impunity”, Jammu and Kashmir High Court has directed Divisional Commissioner Kashmir “to attend to the wakeup call” and direct police officers to ensure that no illegal constructions or land filling takes place in Pampore area of south Kashmir.
The directions were passed by a Division Bench of Chief Justice M M Kumar and Justice Hasnain Massodi after Tehsildar Pampore, Abdul Rehman Dar, pleaded ‘helplessness’ in preventing the illegal constructions.
The court was hearing an application filed by advocate Mohsin Qadri, seeking directions for demolition of the “illegal structure” particularly in the area situated behind court complex Pampore and alongside Gousiya Colony in the southern Pulwama district.
He has also sought directions to directions to Deputy Commissioner Pulwama to file compliance of all the directions passed in PIL—Human watch International Vs State which pertains to stopping the conversion of agriculture land into purpose other than the cultivation.
Besides, the application also seeks directions to SSP Awantipora to register FIR under section 188 RPC and other penal provisions against the violators like Tariq Ahmad (broker) of Hakbabra Pampore and Nazir Ahmad Mir of Frestbal Pampore.
Subsequently, On June 13 last, the division bench issued notice to the government and at the same time stayed all construction over the agriculture land behind the court complex and along Gousiya Colony Pampore.
It also asked the Tehsildar Pampore to appear in person before it while SSP Awantipora was directed to register FIR by invoking penal provisions of law if any violation of orders of the court were found to be carried by any violators.
When the matter came up for further consideration, Tehsildar Abdul Rehman Dar appeared and accused Police of not cooperating with the administration in preventing the constructions.
He conceded that the illegal constructions were in progress despite the fact that various reports were submitted by him to the police and got the cases registered against the violators.
He has also pointed out that the violators indulge in certain activities and fill up the land by filing earth during the night time.
Subsequently, the bench asked him to submit complete information on affidavit, indicting whatever illegal activity as far as constructions was going on in the area.
“It appears that the directions issued by the court on (June 13) are being violated with impunity, even the Deputy Commissioner Pulwama has not taken any care to comply with the directions issued,” the division bench said, asking the Divisional Commissioner Kashmir to attend to the wakeup call and direct the concerned police officers to ensure that no land filling activity or constructions are carried.
“We also direct that Tariq Ahmad and Nasir Ahmad Mir be issued bailable warrant which is the only course left with the court to stop the illegal activities,’ the court said asking SP Awantipora to execute the warrants.
“He may accept bail bond from both the persons for sum of Rs 50000 with one surety of equal amount. The status of cases registered with regard to illegal constructions at Pampore shall be furnished.”
The Superintendent of police, it said, shall also ensure that there is no ferrying of tippers carrying building material by erecting appropriate nakas so that they may not be able to enter the area behind court complex and Gousiya Colony.

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