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| Illegal constructions: HC unhappy, seeks fresh status report from SMC | | | Early Times Report
srinagar, June 10: Jammu and Kashmir High Court today severely criticized Srinagar Municipal Corporation for "not showing any scant regard" to its directions over illegal constructions in Srinagar and asked the Corporation to file fresh status report by tomorrow.
"Status report by Srinagar Municipal Corporation does not show any scant regard to the direction issued on 26-5-2014," division bench of Chief Justice M M Kumar and Justice Muzaffar Hussain Attar said.
"A perusal of various paras of status report would reveal that the responsibility is sought to be shifted," the court said.
In last order, the division bench said, specific instances have been highlighted, showing where ever construction is in progress and is in violation of law, the same has not been protected by the recently enacted Act known as J&K Civic Laws (Special provision) 2014. "We have also observed in the order that in case SMC comes across any resistance to the implementation of the directions passed by this court, then Corporation was liberty to seek police help," the court said. Subsequently, advocate F A Mir, representing SMC, said that he will file fresh status report in terms of order dated 26-5-2014 by tomorrow. If the status report was not filed, the division bench asked Commissioner SMC to remain present in person before the court. The bench also asked Srinagar Development Authority to file compliance report and posted the PIL for further consideration on Wednesday. .
Pertinently, the court has already directed SMC's Field Agency to immediately stop illegal constructions in their respective areas. Otherwise, the court has directed, they shall be personal responsible for disciplinary action.
The court has also asked SMC, SDA and LAWDA authorities to proceed under J&K Prevention of Corruption Act against officers who allowed constructions in violation of Master Plan and building laws in Srinagar city. On previous date of hearing, the court had passed the direction amid its observation that the Jammu and Kashmir Civic Laws (Special Provisions) Act 2014 does not prohibit action against the erring officials of SMC, SDA, LAWDA, who directly or indirectly facilitated raising of unauthorized and illegal constructions in contravention of Master Plan 2000-2021.
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