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news details
DB treats writ as PIL regarding failure to frame bye-laws of municipal bodies
10/8/2021 11:17:55 PM
Early Times Report
JAMMU, Oct 8: A division bench of High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal treated the LPA seeking framing of Bye-Law of Municipal as Public Interest Litigation (PIL) and arrayed Chief Secretary and Commissioner Secretary as respondents and directed Senior AAG to inform the status/progress of bye-laws within six weeks.
Earlier DB of High Court comprising Justice Dheeraj Singh Thakur and Justice Puneet Gupta had taken a serious note of the failure of the municipal committees and municipal councils to frame building bye-laws, regulations, master plans or building schemes. The court observed that while the building bye-laws, master plans have been framed for cities of Jammu and Srinagar but some of the smaller towns governed by Municipal Committees and Municipal Councils are still having no building bye-laws, master plans or schemes.
The court held that the net result of the omission in this regard is that the large scale construction activity is being permitted to go on without any sort of regulation whatsoever. The court further observed that there was no justification in denying the citizens living in smaller towns the civil rights which ought to be protected by framing/enforcing the building by laws and by regulating the construction activity for planned development.
The DB had directed all the Deputy Commissioners other than the Deputy Commissioners of Jammu and Srinagar also the Chief Executive officers/ executive officers of Municipal committees and Municipal councils to file affidavits as to whether the provisions of the Municipal Act 2000 have been complied with in their respective districts/municipal committees/municipal councils by way of framing of town planning schemes/master plans and building bye-laws for an orderly development and regulations of building activities in their respective regions.
The DB today opined that the matter be dealt with as a public interest litigation for the purposes of getting the necessary rules/regulations/bye-laws framed for the purposes of controlling the building activities in such areas.
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