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Management of tracks by Katra Municipality
HC stays SRO
8/1/2013 10:29:40 PM
Et Report

Jammu, Aug 1 : In a Public Interest Litigation filed by SOS International through its Chairman Rajiv Chuni in which it has been submitted that tens of millions of pilgrims visited Shri Mata Vaishno Devi Shrine Board and tax/ fee is being collected from the Pilgrims for the services rendered by Pouny/Pithoos (labour)/ Palkiwalas under/section 66 of J&K Municipal Act, it was duty of the Municipal Committee Katra to collect tax from pilgrims and the Govt has no authority under to levy tax/fee on the pilgrims within the Municipal Limits Katra but action against the statute the Govt in the Urban Development Dept and Deputy Commissioner Reasi have been issuing fixing the rates of tax and sometimes revising the same.
Division Bench of State High Court comprising Justice Virender Singh and Justice Ali Mohammad Magrey after hearing Adv Abhinav Sharma for the PIL whereas Sr. Advs DC Raina, RK Gupta with Advocates Rohit Kohli & Prem Sadotra for the respondents observed that keeping in view the totality of facts and circumstances and the detailed reply filed by the Shrine Board highlighting the facilities being provided to the pilgrims, it becomes imperative to stayed the operation of SRO 198 dated April 2013 so far it relates to management of track vis-à-vis the ponies/pithoos and palkies right from Darshani Deodi Katra upto the Holy Cave which would include infrastructures of track as well which is already under the management of the Shrine Board, ordered accordingly, Court observed and deferred the consideration of the other aspects of the matter as highlighted in the PIL to the next date of hearing.According to the SRO 198 of 2013 dated April 2013, Municipal Committee Katra will now start claiming management of the entire track from Darshani Deodi Katra upto Holy Cave which is being continuously managed by the Shrine Board Since it inception.
It is also alleged in the PIL that even Municipal Committee Katra is collecting the fee/ tax not only within its jurisdiction but also has opened booths outside its limit and has collected crores of rupees and the amount so collected is being allegedly swindled and is not being utilized for the purpose mentioned in the Municipal Act. IT has been alleged that previously the collection of fee use to be done through contractors after invent NIT but from 2011-2012, the tax is being collected departmentally and this has resulted to annual loss more than 2.00 Crores and seeking direction to respondents to hand over the job of collection of the tax to private contractors instead of doing the same departmentally as the latter mode of collection has caused loss crores of rupees to the State exchequer and also seeking conducting of enquiry by an independent agency in functioning of respondent Municipal Committee Katra in so far its function relating to collection of tax from pilgrims.( JNF)
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