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HC asks District Magistrate to take possession of SMC officer's property
11/21/2013 10:26:17 PM
S Sabaqat
Srinagar, Nov 21: A Division Bench of Jammu and Kashmir High Court today directed District Magistrate Srinagar to take possession property sans residential house owned by Chief Khilafwarzi Officer of Srinagar Municipal Corporation. Hearing a Public Interest Litigation, the bench directed the Magistrate to take the possession of 4 kanals and 8 marlas owned by the officer Hakeem Aijaz Ali situated at Rawalpora here within five days.The court observed that serious violations regarding civic laws cannot happen without active connivance of officers/officials of SMC. "It prima facie appears that while allowing the violations, some of the officers/officials gained illegal assists. The direct beneficiaries of the violations cannot escape responsibility," the bench said while directing the magistrate to take over the property. The court also directed Joint Commission SMC to file the individual affidavit indicating details of movable and immovable properties owned by him and also property which stands in the name of his spouse and children.Earlier, 95 officials of the Corporation filed their individual affidavits regarding property owned by them and their spouses and children. The bench also directed that notices which have been challenged by filing Statutory Appeals before the J&K Special Tribunal will be considered by the Tribunal, preferably on day to day basis and decide in accordance with law within reasonable dispatch. Alarmed over the magnitude of Master Plan violations in Srinagar, the High Court had directed the State government to come up with a policy decision by October 24 on how to curb the menace of illegal constructions in the city. Later it granted more time till to disclose the decision. However, state proffered to pass the matter to experts before taking any decision. The court had passed the directions after it had been informed that more than 3000 illegal constructions have been reported from across the city. The High Court had also ordered sealing of 42 buildings in the city which had come up in violation of the Master Plan. 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.
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