HC continues to crack whip on encroachments in Pahalgam

HC continues to crack whip on encroachments in Pahalgam

Srinagar: The J&K High Court on Friday asked the Chief Secretary of J&K Government to take appropriate action regarding encroachments on state land (including forest land) in Pahalgam resort.
The court remarked that the issue needs immediate attention at the highest level after a report was filed by Chief Executive Officer, Pahalgam Development Authority, pointing towards discrepancies in government land records, particularly in lease records.
The report submitted that a total 66 kanals of land in Pahalgam had been leased out but the records were short of details regarding the date of renewal of leases, payment received, and arrears due.
The report mentioned that more than 7 kanals of state land in Pahalgam had been encroached upon, apart from encroachments in forest and wildlife areas.
A division bench of Chief Justice Gita Mittal and Justice Puneet Gupta while perusing the report directed the CEO to undertake the exercise of ascertaining the extent of land which was originally leased.
The court directed the officer to also ascertain the particulars of the lessees and the extent of land under occupation despite expiry of the leases.
“Such exercise shall be immediately commenced and a status report be placed before us before the next date of hearing,” the court directed.
The court noted that the policy of the Government regarding expired leases has also not been placed before it. “Let the same be placed before us before the next date of hearing,” the Division Bench said.
The court observed that given the large extent of encroachments and unauthorised constructions, it is essential to pinpoint the location, status and level of the unauthorised constructions.
“The Pahalgam Development Authority is required to undertake marking and fencing boundaries of the Government Land/ Forest Land/ Wildlife Land so that further encroachment is prevented,” the court directed.
The Bench noted that it had already directed the respondents to submit a status report with regard to drone videography and other allied directions in an order dated 25th of August, 2020, and for this purpose the matter has been directed to be listed on 12th of October, 2020.
Meantime the court said that the other issues pointed out by the Pahalgam Development Authority with regard to the difficulty in managing solid waste on account of overlapping jurisdiction also needs to be resolved.
“Solid Waste Management is a municipal function and all over the country is undertaken by municipal committees/ corporations. The jurisdiction with regard to the Solid Waste Management has to be clearly demarcated and assigned in Pahalgam as well. Solid waste management shall be undertaken as per the provisions of the Solid Waste Management Bye-Laws,” the court directed.
“A report regarding the issues of solid waste management shall be filed before us by the Municipality and the PDA,” the court directed.
The court mentioned that the report of the Chief Executive Officer, Pahalgam Development Authority has also pointed out that the Municipal Committee is constructing toilet blocks and is granting permission for constructions contrary to the Master Plan of Pahalgam-2032.
“No construction can be raised contrary to the Master Plan. All authorities including the Municipal Committee, BOCA shall strictly abide by the Master Plan and the Building Bye-Laws while considering applications for construction and granting permission to do so,” the court directed.
The court will again hear the matter on 24 September.

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