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| DB issues directions in PIL on illegal construction by land mafia | | | Jammu, Sept 20: In a Public Interest Litigation (PIL) against alleged illegal construction by land mafia, Division Bench of State High Court comprising Justice Virender Singh and Justice AM Magrey, directed Secretary Housing and Urban Development Department to make his stance clear as to why Jammu & Kashmir Municipal Corporation Act, 2000 which was made fully operational on 4 February 2005 vide SRO 2005 Is not made functional till date.
When the PIL was taken-up, the DB observed that response to the main petition has already been filed by Commissioner Municipal Corporation Jammu, in which a Specific stand has been taken by the corporation that the Authority Municipal Area, Jammu is granting permission and taking action also against illegal and unauthorized construction under the provision of J&K BoCA Act 1988.
It is further averred that though the J&K Municipal corporation Act 2000 has came into force, yet the building operations are being enforced under the Act 1988 as the Act of 2000 does not repeal Act of 1988 and certain formalities are still remain to be completed before J&K Municipal Act can be made operational.
It was further averred that the Act 1988 of J&K Control of Building Operation Regulation 1988 do not provide any provision that requires production of completion certificate such a provision is available in Act 2000 but still action is being taken under Act 1988 as formalities required to take action under Act of 2000 are not complete.
The Division Bench directed Secretary Housing and Urban Development Department to make his stance clear as to why Jammu & Kashmir Municipal Corporation Act, 2000 which was made fully operational on February 4, 2005 vide SRO 2005 is not made functional till date and directed Registry to list this PIL after four weeks. (JNF) |
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