No stadium being built in Pahalgam, court assured, matter closed
Srinagar: The High Court of Jammu & Kashmir and Ladakh on Monday directed Deputy Commissioner Anantnag to take appropriate steps to stop illegal constructions in his area of jurisdiction. The DC Anantnag was also directed to take effective steps for the removal of any unauthorised constructions in Anantnag.
“Since the area is within the jurisdiction of the Deputy Commissioner, Anantnag, who has previously taken action in the matter, we direct him to take appropriate action ensuring that no illegal constructions are allowed or take place within his jurisdiction,” the court directed.
The court asked the officer to submit a report clearly stating the steps taken by him for stopping all illegal constructions and for the removal of unauthorised constructions already raised.
The bench directed him to submit the report by November 8.
The directions were passed after an application was moved before the court by Himalayan Welfare Organisation Pahalgam seeking directions to restrain all illegal constructions in certain remote areas/ villages alongside the Bijbehara-Pahalgam road.
The bench observed that regarding cancellation of fake and fraudulent gift deeds and for reversing the mutation entries, the respondents have acted upon the directions of the court and have cancelled the mutation entries reported to have been manipulated due to the connivance of the then Chief Town Planner, Kashmir, Mir Naseem.
The court passed the observation after perusing a compliance report submitted on July 6, 2021, stating that a Committee headed by the Assistant Commissioner (Revenue), Anantnag, was constituted to scrutinise the sanctity of the mutation order No.1503 of estate Laripora, Tehsil Pahalgam.
The report of the said committee revealed that land measuring 43 kanals 18 marlas was transferred by oral gift and on that basis the above mutation entry was carried out in gross violation of sub-section 2(c) of Section 5 of the Jammu & Kashmir Alienation of Land Act, 1995, now repealed.
In addition to it, the report said that the land of survey no.825 measuring 9 kanals 6 marlas, survey no. 827 measuring 3 kanals 10 marlas and survey no.836 measuring 11 kanals 11 marlas was also shown to have been transferred to the donees by virtue of the aforesaid mutation.
“The said land on spot is under physical possession of some third party other than the donees,” it stated.
Accordingly, as per the directions of the court, the above mutation entry 1503 of estate Laripora, Tehsil Pahalgam, was quashed on June 28, 2021.
Meanwhile, the court closed another application seeking direction to stop the construction work of a stadium on the banks of the Lidder Nallah as it was in contravention of the court order passed on December, 28, 2014, putting a blanket ban on all constructions within the radius of 200 meters on either side of the river.
The counsel representing the respondents submitted that the construction of the stadium has been shelved and no such construction has been undertaken.
In this regard, a status report and affidavit was filed by Chief Executive Officer, Pahalgam Development Authority, Masarat Hashim, stating that on the representation of the locals, no constructions are being raised but by earth filling some of the land is being levelled for use as a playfield.
The bench after perusing the records remarked that since no constructions are being raised on the side of the river, the aforesaid application is rendered meaningless and requires no further direction.