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| HC directs SMC to stop illegal constructions or face disciplinary action | | Grants 4 weeks to act against erring officials | | S Sabaqat
Srinagar, Apr 30: A Division Bench of Jammu and Kashmir High Court has directed Srinagar Municipal Corporation's Field Agency to immediately stop illegal constructions in their respective areas, otherwise they shall be personally responsible for disciplinary action.
Hearing a Public Interest Litigation titled Mujeeb Andrabi Vs State, the division bench of the court comprising Justice Mohammad Yaqoob Mir and Justice Hasnain Massodi observed that SMC has filed its reply in compliance to previous direction, claiming that the constructions that had come up in violation of Srinagar Master Plan and building laws have been demolished.
"While examining the same, it appears that some of the constructions have been raised above plinth level but it is not understandable as to how the officers/officials of the Municipality are working in their respective wards in allowing such illegal constructions to come up to the first and second storey and why they have not swung into action," the division bench said and expressed hope that SMC will take note of the observation and then to make Field Agency aware that henceforth whenever any illegal construction in any area is raised such constructions shall be stopped immediately.
"In case it comes up above the plinth level they shall be personally responsible, accountable and liable for disciplinary action," the division bench said.
In another direction, the division bench granted four weeks time to SMC, SDA and LAWDA authorities to proceed under J&K Prevention of Corruption Act against officers who allowed constructions in violation of Master Plan and building laws in Srinagar city.
The time was granted by the court after hearing advocate Firdous Ahmad, counsel appearing for the Municipality who submitted that for ensuring complete compliance of the directions, SMC has initiated various processes and has taken a number of steps.
"But the process is cumbersome and therefore some time is required," he said.
"At the first instance four weeks time is granted. Same time shall be also available to other authorities such as LAWDA and SDA," the division bench said.
On last date of hearing, the division bench had passed the direction amid its observation that the Jammu and Kashmir Civic Laws (Special Provisions) Act 2014 does not prohibit action against the erring officials of SMC, SDA, LAWDA, who directly or indirectly facilitated raising of unauthorized and illegal constructions in contravention of Master Plan 2000-2021. |
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