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| HC seeks compliance report on unauthorized constructions in Pahalgam | | | Srinagar, Aug 1 : A Division bench of J&K High Court has directed Chief Executive Officer Pahalgam Development Authority and Deputy Commissioner Anantnag to file a fresh compliance report as regards unauthorized constructions identified in the report of Principal District Judge Anantnag, being raised in village Movera in Pahalgam. Those named as violators in the report by Judge include are Abdul Rehman Malik; Manzoor Ahmad Tarray; Siraj Ahmad Bhat; Abdul Rashid Bhat; Abdul Majid Khan; Riyaz Ahmad Magray, Muzaffar Rashid Wani, Gh. Hassan Khan and Tariq Ahmad. The report, the division bench comprising Chief Justice M M Kumar and Justice Hasnain Massodi directed shall indicate steps taken to stop such constructions and present status of constructions. The court also directed Chief Engineer Irrigation and Flood Control Kashmir to classify information regarding 1280 structures pointed out by him along Lidder Nallah in three separate lists. "First list shall give necessary details as regards 540 structures within 50 meters of either side/bank of Lidder nallah. Second shall tabulate such details in respect of 287 structures found within distance of 51 to 100 meters and third list shall give details of 453 structures found within 101-200 metres on either side of Nallah." "PCB shall verify rest of the structures i.e. 741 (1280-539) that are yet to be verified and inventorized. We are not satisfied with the details given in respect of 539 verified and inventorized structures. It would not suffice to report number of hotels, restaurants, hutments, shops etc. The Board shall in the fresh statement of facts, covering all 1280 structures within 200 metres on either side of LIdder Nallah, give details of each of commercial and non-commercial structures, like number of rooms, present mechanism of sewage treatment, soakage pits without any septic tanks or Sewage Treatment Plants included in 539 verified structures and also as may be found on verification of 741 unverified structures. It may be necessary after a fresh comprehensive report as regard all the 1280 structures, is received from the Board, to constitute an independent team of experts to verify the information." The bench also reiterated its direction issued on 17 July 2013 that no construction shall be raised within radius of 200 on either side of Lidder Nallah from Sheshnag and Aru to Pahalgam and from Pahalgam to Seepan, the place of its confluence with River Jehlum. "In all the areas, through which Sheshnag, Aru Nallah passes- Deputy Commissioner, Anatnag; Chief Executive Officer, Pahalgam Development Authority; Tehsildnr Anantnag and Pahalgam; Executive Engineer, Irrigation & Flood Control for the concerned Division, shall be held personally responsible in their respective areas of jurisdiction for any violation of direction dated 17 July 2013. Chief Executive Officer, Pahalgam Development Authority and his subordinates working within territorial jurisdiction of Pahalgam Development Authority are expected to be aware of the directions otherwise prohibiting all construction activities within jurisdiction of Pahalgam Development Authority," the court said.
It also directed Director Health Services, Kashmir, to make a sample survey of area on the basis of inputs from local health centres and find out spread of water born diseases in areas adjoining Lidder and submit a fresh comprehensive report.
The Division bench was hearing a Public Interest Litigation, seeking to protect Pahalgam against illegal constructions and pollution.
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