news details |
|
|
| Tribunal orders immediate demolition of super structure at Circular Road | | ‘Zoning layouts be strictly adhered to’: Kapoor | | Early Times Reporter
Jammu | Apr 5
Judicial Member of J&K Special Tribunal Mr. DK Kapoor directed Municipal Corporation authority to proceed to demolish a multistoried structure constructed on the forest land at the circular road.
This demolition order has been passed in an appeal filed by Kamni Dewan who has constructed a huge multistoried structure.
Mr. Kapoor Judicial Member Special Tribunal Jammu dismissed the appeal against Municipality, holding that the appellant has failed to establish that the construction was not raised by encroaching forest land. The Tribunal observed that land on which the said superstructure is shown to have been constructed is stated to be a part of forest land, which forms slopes for rain water and poses a threat to the neighboring buildings and public at large. The land is reserved and exhibits the beauty of the old city at the bank of river Tawi, adjacent to which an ancient holy cave of lord Shiva (PIR-KHO) is situated and also a number of violators have raised unauthorized construction of buildings on the sloppy hillock, the same cannot be permitted to continue on account of the fact that the municipal authority and the people at large have raised voice against this unauthorized construction.
Mr. Kapoor observed that the necessity to adhere to the zoning layouts must be strictly adhered to and it was emphasized that public interest requires that the land is used for the purpose for which it is specified, violation of this statutory principle can lead to destruction of scenic beauty, disturbance of ecology and environmental hazards related to the ecology, fire and flood and other related consequence. The zoning layouts not only benefit public at large but they also serve the city's interests and assure careful and orderly development. If this concept is ignored, this would suffocate the human spirit by reducing the people, who live there, to the status of cattle.
The Tribunal while directing Municipal authority for demolition of super structure further observed that the concept of public welfare is broad and inclusive. The values it represents are spiritual as well as physical aesthetic as well as monetary. It is the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled. A duly approved scheme prepared in accordance with the statutory provisions is a legitimate attempt of the authorities to ensure that the citizens of the town guaranteed a quite and healthy atmosphere to suit family needs of persons of all stations.
With these observations, the Tribunal ordered immediately removal of the construction from the forest land which must be reserved as panoramic heritage of the old city. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
