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| PIL regarding illegal constructions in Katra | | DB issues contempt notice to DC Reasi | | Early Times Report
Jammu, July 9: Today in a contempt petition in much Public Interest Litigation regarding illegal constructions in Katra, Division Bench of state High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan after hearing Advocates Ajay Sharma and Parag Sharma appearing for the Petitioners issued notice to Dr. Shahid Deputy Commissioner Reasi to show cause against why proceedings under the Contempt of Courts Act be not initiated against him for non-compliance of the directions issued by this Court. Division Bench also directs Chief Secretary J&K that he shall ensure service of notice on Deputy Commissioner Reasi.
Today when this contempt came-up for hearing, Division Bench have noticed orders dated 31.12.2013 and 30.01.2014 and have proceeded to observe that the SLP against the aforesaid order has been dismissed.
And even SLP against the order passed on the review applications was also dismissed by the Supreme Court. It has further been noticed that there was no impediment left in enforcement and implementation of the directions issued by this Court for sealing and demolishing of various categories of buildings listed in the order and for enforcing directions issued in the order.
It was further noticed that respondents have been dragging their feet and are avoiding to implement the directions which call for their explanation under the contempt Jurisdiction.
A list of 27 structures was furnished and in most of the cases construction work was stopped as it was without permission. The nature of the buildings was disclosed to be commercial/residential and therefore, it was covered by the exception created by Section 5 of the J&K Civic Laws (Special Provisions) Act, 2014 and also took notice of the report submitted by the Chief Executive Officer, Katra Development Authority listing 17 buildings where construction work was under progress but it was stopped because the construction was without permission or in violation of the Master Plan or any other rules/regulations.
Division Bench noticed the status report filed by the Deputy Commissioner, Reasi in which it was stated that notices to 17 persons were issued.
Accordingly, directions were issued for implementation of the directions issued in various orders. In the status report filed by the Deputy Commissioner, Reasi on January 30, 2014 he has stated that there are 322 buildings, which have come up before KDA Master Plan or with permission from the BDO. A reference has also been made to 41 cases where construction has come up in violation of the Master Plan.
Division Bench after hearing counsels for the PIL who have submitted that directions are not being implemented by the respondents, observed that Dr. Shahid Iqbal Choudhary who is Deputy Commissioner, Reasi, at this stage, be issued notice to show cause why proceedings under the Contempt of Courts Act be not initiated against him for non-compliance of the directions issued by this Court. Chief Secretary shall ensure service of notice on Dr. Shahid Iqbal Choudhary Deputy Commissioner Reasi. (JNF) |
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