J&K High Court directs SMC to file affidavit on illegal constructions in Srinagar
SRINAGAR, Sept 24: The High Court of Jammu and Kashmir today directed the Srinagar Municipal Corporation (SMC) to submit an affidavit regarding illegal constructions in Gogji Bagh, warning that failure to do so by the next hearing will invite appropriate orders
.
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A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal took note of reports that 22 cases involving major violations of the Master Plan and zoning regulations were compounded by the J&K Special Tribunal, despite the Tribunal allegedly lacking jurisdiction under the J&K Control of Building Operations Act and the Municipal Corporation Act.
The court observed that the SMC remained in deep slumber
and failed to challenge the Tribunal’s orders that legalized significant deviations from original building permissions.
SMC Promises Action
SMC counsel assured the bench that immediate steps would be taken to challenge the Tribunal’s orders in each of the 22 cases. He sought time to file a detailed affidavit specifying the Corporation’s plan of action.
The High Court further directed SMC to list cases where it intends to act against non-compoundable violations, including those dismissed for non-prosecution due to the absence of violators.
Earlier Court Observations
In a 2020 order, the High Court had criticized the manner in which Tribunal Presiding Officer Abdul Majid Bhat passed compounding orders, stating that they ignored rules, regulations, and principles of natural justice. It noted that in some cases, SMC’s counsel and even impleading applicants were not informed of hearings.
Background of Gogji Bagh Case
The litigation was initiated by Gogji Bagh residents after Habibullah and Rashid Anwar violated a 2018 SMC permission to construct two double-storey houses by building a three-storey structure. They later managed to secure an amended order in 2019, converting the permission into a commercial guest house, raising concerns of misuse of authority and violations of the Master Plan.
The court has now granted the Deputy Advocate General two more weeks to file the affidavit. In the event of default, appropriate orders shall follow,
the bench warned.
Source: Agencies
Labels: High Court, Srinagar Municipal Corporation, Illegal Construction
Tags: #Srinagar #IllegalConstructions #SMC #JammuKashmirHighCourt
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