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| Discriminatory action against master plan violators | | HC directs SMC, Tribunal to abide by norms | | Early Times REport
Srinagar, Dec 25: The J&K High Court has proposed formation of a committee comprising of a reputed Government Officer, a retired Judicial Officer of the rank of Principal District and Sessions Judge and a member of civil society of good repute, to ascertained whether or not Srinagar Municipal Corporation is resorting to pick and choose in the matter of issuing notices to the violators of Master Plan.
"Given the facts and figures those have come on record, we cannot brush aside such complaints. The authorities of the Municipal Corporation, in order to shield its indolence etc., might really be exhibiting only the tip of the ice berg," a division bench of the court comprising Chief Justice M M Kumar and Justice Ali Mohammad Magrey said in its order while disposing of CMP in a Public Interest Litigation-Mujeeb Andrabi Vs state.
"It, therefore, becomes necessary to have a cross check of the violations brought to the notice of this Court by the Municipal Corporation as also to detect the actual number and extent of such violations," the court said while proposing constitution of the committee.
"The committee shall undertake the exercise of detection of such violations in the city and make a report to the Court."
The court said that the real morality and prosperity lies in obedience to law that drives the societal chariot by its troika of rights, obligations and consequences.
While disposing of the CMP (no. 2262/2013), the court said that The Corporation is bound to discharge its duties strictly in accordance with the law. Of course, this Court would continue to monitor the progress achieved by the Corporation in that behalf and ensure that it does not resort to pick and choose in the matter.
It hardly needs a mention, court said that sealing of structures in exercise of powers conferred under Section 8 of the Control of Building Operations Act, 1988 is not the culmination of the action required to be taken by the Municipal Authorities.
"They are required to proceed ahead in the matter in accordance with the mandate of Sections 7 and 8 of the aforesaid Act. On 30.09.2013 this Court has placed an embargo on the Tribunal to entertain any litigation pertaining to the subject matter of PIL no. 05/2013. The aforesaid order, in the case of the applicants, is modified leaving it open to them to avail the legal remedy, if any under the provisions of the Act before the Jammu and Kashmir Special Tribunal against the sealing order or any other action which may be taken against them by the Municipal authorities."
However, the court said that the order of the Tribunal may first be placed before the Bench dealing with PIL before giving effect to such orders.
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