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| No compounding of deliberate violation of Master Plan: DB | | | Early Times Report
JAMMU, Dec 7: A Division Bench of the State High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan ruled that no deliberate violation of the Master Plan or the Building Bye-laws can be permitted to be compounded. It is only the genuine mistakes while effecting constructions which are permitted to be compounded. Therefore, no compounding orders can be passed in routine, as appears to have been happening in the instant case.
Hearing the PIL, Division Bench observed that instant case has been entertained as Public Interest Litigation in July, 2013 on a complaint received in the Registry of this Court regarding the illegal constructions being raised around the upcoming Railway Station at Katra which were within the knowledge of Katra Development Authority.
DB further observed that during the course of hearing, our attention has been drawn to several orders, especially the order dated 31st December, 2013 wherein illegal constructions stands clarified.
Advocate Ajay Sharma and Adv Prag Sharma appearing for the PIL submitted that despite several orders passed in the writ petition, the official respondents have not taken any steps for ensuring removal of the encroachments or the illegal constructions.
Sr. AAG SS Nanda appearing for the Katra Development Authority Committee submits that a detailed report has been filed on 24th May, 2018. A perusal thereof would show that this urgent matter is not receiving attention and the same is being treated as a matter of routine. Notices claim to have been issued for removal of illegal constructions.
DB observed that it is impossible to fathom that there is not a single building which does not merit further action against for the building violations in accordance with Municipal Laws by the Municipal Corporation/Authority. Building by-laws are framed keeping in view the interest of the entire community in mind. They cannot be permitted to be violated with such impunity.
DB made it clear that this Court shall take a strict view against any person or authority found violating the requirements of law.
DB further directed J&K Special Tribunal to ensure that all matters relating to unauthorized constructions are expeditiously disposed of within a period of four weeks from the date of receipt of copy of this order in the light of the judicial precedents and the law as noted above.
Municipal Authorities shall place the status of the matters pending before the Tribunal before us within six weeks from today. It shall be the responsibility of the Municipal Committee Katra to place copy of this order before the J&K Special Tribunal. |
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