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DB directs BOCA not to grant permission for construction
PIL regarding conversion of Basmati rice growing land into colonies
9/12/2014 1:13:16 AM
Jammu, Sept 11 : In a Public Interest Litigation filed by practicing Advocate Ranjeet Singh Chib in which he has shown his concern for illegal conversion of world famous Basmati Paddy/Rice Land Growing into concrete jungle with free hand in Sub Division RS Pura, a high court division bench today directed BOCA would not grant any such permission for the construction in R S Pura unless the site was not recorded in the revenue record as non-agricultural land.
As per PIL petitioner submitted that thousands of Kanals of land has been converted into banquet halls, residential colonies and business complexes in last five years without obtaining permission from the Revenue Minister as required under J&K Land Revenue Act.
After hearing the two sides, the division bench of Justice Hasnain Massodi and Justice Tashi Rabstan directed that Building Operations Controlling Authority under the Jammu and Kashmir Control of Building Operations Act, 1988, shall not grant any such permission to the construction proposed to be raised in sub-district, R. S. Pura unless the site of proposed construction is not recorded in the revenue record as non agricultural land.
The bench directed State respondents to constitute a committee headed by an officer not below the rank of Assistant Commissioner to make survey of the area and submit his report regarding actual area within Sub-District, R. S. Pura and converted into non-agricultural use i.e., construction of residential housing colonies/ commercial buildings. The Committee shall submit its report before the next date of hearing.
The bench also directed the Registering Authority under the J&K Registration Act, 1970 while admitting any document creating/transferring any interest in agricultural land within Sub District R. S. Pura ensure that provisions of J&K Alienation of the Land Act or any other law for the time being in force, shall be adhered to.(JNF)
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