Also asks for contempt petition in High Court against “not law-abiding persons”
Srinagar: Despite “status quo” ordered by the High Court, construction of 6 storeys instead of the permitted 4 storeys is still going on at a commercial building, owned by an influential businessman, at Hari Singh High Street here.
The construction has been going on in broad daylight in disregard of both law and court. Some officials of the Srinagar Municipal Corporation (SMC) had come to put a stop to the construction but it has had no effect.
The SMC’s ward officer has now sent a letter to the SMC’s Chief Enforcement Officer which reads, “The Hon’ble High Court has passed status quo order to be maintained by the parties on 30-12-2020, till the learned writ court decides the matter in the above cited LPA NO.165/2020 CM NO. 6164/ 2020 Titled Shabir Ahmad Gojwari V/S Union Territory of Jammu and Kashmir and others. In this connection it is submitted that the Respondents 7 to 9 are violating the court order by way of raising Glazing of the existing impugned structure.”
The letter further reads that “the undersigned along with the field staff has tried to stop the glazing work of the structure but the violators are not law-abiding persons and have totally refused to stop the ongoing work. Accordingly, the undersigned has taken up the matter with your good self for providing of central demolition along with police assistance and Executive Magistrate so that the illegal glazing be pulled down smoothly which is still awaited.”
The order adds, “Since the offender/ violators are not law abiding person and are continuingly carrying further illegal construction in violation of status quo order passed by the Hon’ble High court on 30-12-2020, as such kindly take up the matter with the Chief Law Officer SMC for apprising the court and filing of contempt application before the Hon’ble Court for initiation of contempt proceedings against the violators, namely Aijaz Ahmad Baba and others, sons of Ali Mohammad Baba R/O Hamza Hills Nishat Srinagar.”
Earlier, a complaint under Indian Panel Code and Section 51(b) of the Disaster management Act, 2005, was filed on 13th of July at the District Development Commissioner’s office against the illegal construction.
According to an SMC order, which is with Kashmir Reader, a five-member committee was constituted and directed to visit the site for inspection. The five members of the committee are Sandeep Singh Bali, SDM (East), Rabia Yousuf, Tehsildar (South), Aijaz Masoodi, AEE (R&B) CD-2nd, Shakeel Ahmad, AEE (PHE) Jal Shakti Department (WWDS), and Muzamil Jan, AEE Ground Water Division.
As per the order, the committee constituted had to ensure verification from the concerned ward officer (SMC) for authentication of map/ permission issued by the competent authority.
SDM East Sandeep Bali told Kashmir Reader that “they have already filed the report and concerned official can look into the matter.”
Chief Sanitation Officer of SMC, Ghulam Rasool Dar told Kashmir Reader that “the enforcement wing has stopped the construction work several times and the equipment have been sealed and also the offender has been advised time to time not to go for further construction unlawfully.”
He added that the structure was sealed by the enforcing agency of the corporation and later de-sealed by the special tribunal.