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| HC seeks reply on 'violations of Master Plan' till Oct 24 | | | S Sabaqat
Srinagar, Oct 21: Jammu and Kashmir today asked government to clarify its approach regarding the violation of Master Plans and whether there is any possibility of taking a policy decision about the violations which have taken place over the years in the state.
"During the course of argument we have been apprised that there are large number of building violations which is approximately over 3000. Keeping in view the provisions of Srinagar Municipal Corporation Act and the Developmental Act, we have requested learned Advocate General to apprise use whether there is any possibility of taking a policy decision with regard the violations which have taken place," a division bench of the court comprising Chief Justice M M Kumar and Ali Mohd Magrey said while hearing a Public Interest Litigation (PIL).
Advocate General M I Qadri, stated that the proposal/plan of the government shall be placed before the court on Thursday.
"If you frame a policy let us see whether it will be true on touchstone of article 14," the court said. Earlier, as soon as the PIL came up for hearing, Chief Justice said that the state government has to step in.
"You (state) cannot keep quiet and if there are huge violations, and it has to do something. It cannot remain mute spectator as it is going under your nose in state capital and in the winter capital of Jammu, there must be these types of things. If this happened in such a large scale, kindly tell remedial measure," Chief Justice said, further adding, "You may even suspend the Corporation."
Being 'Custodia Legis' the court had already barred other court or tribunal from entertaining any litigation belonging to the subject matter involved in the PIL.
A number of persons whose buildings have been sealed have filed application for de-sealing through senior advocates Zaffar A Shah, Mian Qayoom, Manzoor Ahmad Dar and M Iqbal Dar.
The court was hearing the PIL filed by advocate Mujeeb Andrabi which calls for special attention to Srinagar to make it model city keeping in view its historical importance as well as being the face of the Valley. The matter has been posted for further consideration on October 24. |
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