| DB directs CS, DCs of Reasi, Jammu, Srinagar not to allow any illegal construction | | PIL regarding illegal constructions | | Jammu, Apr 1 (JNF): In a Public Interest Litigation (PIL) seeking demolition of illegal constructions, Division Bench of state High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain, directed Chief Secretary J&K including Deputy Commissioners, Reasi, Jammu and Srinagar to ensure that no illegal construction is permitted to be raised after 05/03/2014 which may be in violation of the provisions of Master Plan, without permission from local body or at public lane/roads.
It is also directed that no such building should be constructed which fail to conform the safety standards as laid down by the Government from time to time.
Division Bench clarified that this Court being custodian legis, no other Court, Tribunal or any other Forum would be competent to entertain any appeal/application/suit etc and the same may be placed before this Court.
Division Bench further observed that on numerous occasions in both Wings of this Court at Srinagar as well as at Jammu, various directions have been issued for sealing or demolishing all such buildings because such violations bring in the regime of lawlessness, defeat the planning, create extreme inconvenience to the pedestrian and infact the law of Jungle prevails. However, the legislature in its wisdom has enacted an Act known as Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014, (for brevity, 'the Act) which has put a moratorium period on sealing of some of such buildings, which have violated the Master Plan etc. postulating that the moratorium shall remain in force from the date of publication of the Act in the official gazette till 31.03.2015. It is appropriate to mention that the Act has been notified in the official gazette on 05.03.2014 and it has taken effect from that date and it has not given retrospective effect.
Division Bench made it clear that apart from the persons to which a reference has been made in the status report and also in this order if there are building/structures falling in the same category authorities like Chief Executive Officer, KDA and Deputy Commissioner, Reasi would deal with them with even handedly by applying the directions issued by this Court on 31/12/2013.
Advocate Parag Sharma has also raised the issue that some people have blocked the by-lanes/public roads by raising construction. DB also observed that on the last date of hearing this Court has taken notice of demarcation report filed by Inderjit Singh, DFO (Demarcation) and has a copy of the communication sent by the Divisional Forest Officer, Forest Division Reasi to the Chief Conservator of Forests, Jammu on 08/03/2014 informing him that the work of mapping up of Katra area from Domail (Moori) to Katra in association with revenue authorities has been completed by the Divisional Forest Officer, (Demarcation) Division-1, Jammu and the report submitted by the said authority has been forwarded to the District Development Commissioner, Reasi on 21/02/2014 as also copy to Chief Conservator of Forests, Jammu. The order further noted that the document shows encroachment of forest land in Reasi Forest Division Katra Range along side the road from Domail to Katra and 17 persons have been identified, who have encroached upon the forest land and it directed to initiate necessary steps for removing encroachment from the forest land and the compliance report was to be filed by the authorities.
In respect of those directions a status report has been filed claiming that notices under Section 48 of the Forest Act, 1987 have already been issued to some of the persons. There are also cases which required re-joint verification and a request has been made to the Deputy Commissioner, Reasi on 14/03/2014. However, report submitted by the DFO on 15/03/2014 has some additional names as is evident from the report dated 18/03/2014. The list shows that no action has been taken against the encroachers like Government Middle School, Moori, GREF Troad, Tara Chand s/o Amar Nath r/o Troad, Police Post, Troad and Joginder s/o Tej Ram r/o Troad. Why these persons/ institutions have been left out has to be explained by the Deputy Commissioner, Reasi, court questioned and asked needful shall now be done within a period of two weeks. |
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