HC disposes of plea of Shalimar residents to lift construction ban

HC disposes of plea of Shalimar residents to lift construction ban

Srinagar: The High Court on Friday disposed of a plea filed by the inhabitants of Mohalla Ghat Shalimar seeking lifting of the ban on raising of constructions in the area.

The court while hearing the plea, which also sought directions to the respondents to take steps for the rehabilitation of the petitioners or to acquire the said land, noted that it appears from the records that the land of the said area was notified to be acquired under Section 4 (1) of the Land Acquisition Act 1990 on 24th March 1979.

“No declaration under Section 6 has yet been made and there is no award which means that the land has not been actually acquired except for notifying the proposal to acquire it. In the event the land has not been acquired, there is no question of its de-notification or rehabilitation of the petitioners,” the court said.

It was recorded by the court that there is no averment in the writ petition that the petitioners are being dislodged from the land under their occupancy.

“In such circumstances, the relief of rehabilitation is meaningless,” the court held.

The court also noted that as far as the other submission is concerned, the petitioners are not being allowed to repair their houses on the pretext that the area is within 200 meters of the Dal.

“In this regard each case has to be examined independently by the authority concerned. It is therefore appropriate if all those who are affected and want any repairs to be carried out in their properties may approach the LAWDA in the prescribed form and make separate and independent applications in that regard,” the court said.

The bench expressed expectation that such applications shall be entertained and considered on their own merits in accordance with law.

“In case, the petitioners want that the scheme of rehabilitation which is underway be considered and finally decided, it is open for them to approach the Divisional Commissioner Kashmir in this regard who may take appropriate action as may be permissible in law,” the court directed.

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