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| HC takes note of ignoring directions on Sealing in Katra | | | ET Report
Jammu, Feb 11 : In a significant order towards the strict implementation of Master Plan in holy town of Katra, a Division Bench of the state High Court comprising Chief Justice MM Kumar and Justice Dhiraj Singh Thakur today took serious note of functionaries for delaying the compliance of Court directions for sealing illegal constructed buildings in Katra. Division Bench disposed of the applications with regard to demolition of structures blocking public utilities, lanes/by-lanes is sought to be raised in the instant application with the observations that the prayer made by the applicant could not be considered because if we record finding that such structures have been raised in the land left for lanes/bye-lanes or public utilities.. According to the status report filed by the Deputy Commissioner, Reasi, list of such buildings is yet to be furnished by the Municipal Committee and Katra Development Authority. Earlier directions have also been issued for sealing of all such buildings and at this stage the prayer made in the application cannot be allowed by issuing directions to make such lanes/bye-lanes functional for the reasons that it would amount to result in directing demolition of all such building and also directs that the list as per the averments made in status report be furnished by identifying the buildings of all such structures by sealing as per the earlier directions. This significant order has been dictated by Chief Justice MM Kumar for the Division Bench after hearing Adv Parag Sharma & Adv RS Jamwal for the petitioner whereas AAG Seema Shekhar with GA GS Thakur for the state and forest dept whereas Adv Adarsh Sharma for the Katra Municipality observed that earlier this Division Bench issued directions for sealing the buildings falling under categories and also 27 buildings indicated by the Municipal Committee, Katra in its status report. In its status report it has been clarified that the Divisional Commissioner, Jammu and Deputy Commissioner, Reasi were to seal all the buildings falling under the five categories including 27 buildings. Two status reports have been filedby Divisional Commissioner Jammu and Deputy Commissioner Reasi and both taken common stand in the status reports is that sealing process is in progress and some delay has been caused for various reasons including filing of SLPs by some persons and grant of stay order by Apex Court. It is pertinent to mention that Apex Court has dismissed petitions and liberty was granted to those persons to file review applications before the Division Bench because a statement was made before the Supreme Court that there were factual errors in order dated December 31, 2013. In pursuance of the liberty granted by Apex Court six review petitions were filed which have also been dismissed with costs Rs 10,000 and was upheld by the Apex Court. The status report also indicates that on account of visit of Vice President of india, the process of sealing has been delayed. Be that as it may, the directions issued by this Court in order dated December 31, 2013 have attained finality. There is no impediment now left for proceeding with the implementation of the directions issued by this Court. It has been brought to our notice that there were directions issued by this court in order dated September 20, 2013. According to the directions issued, the whole construction activities were stayed vide order dated September 5, 2013 which was modified, permitting SMVDSB to proceed with its construction work. It has been brought to our notice that there are persons who have got valid permissions to raise construction. Upon this Division Bench observed that if that be so and their cases are not hit by order then they would be at liberty to proceed with their construction work because there is no order passed by this Court which may stop a citizen to proceed with the construction, if he has valid permission as per law from the competent authority. Division Bench observed that as per earlier directions if DFO Demarcation has not comply with the directions than he shall appear in person and on his behalf AAG Seema Shekhar has pointed out that this part of the directions for some reasons has not been complied with. Therefore, Division Bench direct that DFO, Demarcation may be issued a notice to show cause why proceedings under Contempt of Courts Act be not initiated against him. AAG Seema Sekhar has also apprised the Court that there was no illegal construction being raised without permission or in violation of the Master Plan necessitating its immediate demotion as per the directions issued in earlier orders. Division Bench observed that the application for extension of time for completing the sealing process, it has been disclosed that Chief Executive Officer, Katra Development Authority has submitted a list of 41 buildings which have been constructed without permission and in violation of the Master Plan. This list is in addition to 27 buildings identified by the Executive Officer, Municipal Committee, Katra to which reference has been made in earlier order, whereas list as per the directions issued is yet to be filed. The delay has been caused as already noticed on account of the visit of Vice President and Prime Minister and 4th Convocation of Shree Mata Vaishno Devi Shrine Board University. Division Bench directed that the status report be filed three days before the next date of hearing and observed that Legal process has been taken to its logical end as also noticed in preceding of this order as Supreme Court has finally dismissed the SLPs preferred against the order of dismissing the review applications.
Division Bench further make it clear that visits of the dignitaries or any other functionaries should not cause any impediment in the implementation of Court orders because the process is entirely different. Such like excuses shall not be considered as a valid for delayed implementation. The issue with regard to demolition of structures blocking public utilities, lanes/by-lanes is sought to be raised in the instant application. According to the status report filed by the Deputy Commissioner, Reasi, list of such buildings is yet to be furnished by the Municipal Committee and Katra Development Authority. In order dated December 31, 2013 directions have also been issued for sealing of all such buildings and at this stage the prayer made in the application cannot be allowed by issuing directions to make such lanes/bye-lanes functional for the reasons that it would amount to result in directing demolition of all such building. Let the list as per the averments be furnished by identifying the buildings of all such structures by sealing as per the directions issued on December 31, 2013. The prayer made by the applicant could not be considered because if we record finding that such structures have been raised in the land left for lanes/bye-lanes or public utilities and directed Registry to list this PIL March 17, 2014. JNF |
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