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| No construction activities at Gulmarg without prior approval of Court: DB | | | EARLY TIMES REPORT
JAMMU, May 20: A Division Bench of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul while hearing a Public Interest Litigation concerning the illegal and unauthorized constructions being raised in Gulmarg and Tangmarg in violation of the Master Plan, directed earlier directions of the Court stopping of construction activities at Gulmarg/ Tangmarg, shall remain in operation and further directed that if any person is found violating the same and continues with the construction activities his/her property shall be sealed forthwith and that no building or construction material shall be allowed to be transported in the area. DB further ordered that it would be obligatory upon the Deputy Commissioner, Baramulla, SSP, Baramulla and the Gulmarg Development Authority to ensure that no construction activities are carried out without the leave of the Court. The Court however do not intend to usurp or take over the functions of the Development Authority or the BOCA and, as such, leaves it open for the authorities to entertain applications for the repairs and constructions of the buildings in accordance with the Master Plan and the By-laws but the sanction, if any, shall not be implemented without taking prior approval of the Court.When the PIL came-up for hearing, Division Bench observed that the litigation is pending since 2012 and from time to time various directions have been issued and at the same time the Court has observed that since this court is Custodia Legis, no other court or tribunal shall pass any order dealing with the subject matter concerning the PIL.
DB observed that a plain reading of the above order would reveal that the said writ petition was also regarding stoppage of illegal constructions in the tourist places of Gulmarg and Tangmarg and removal of such unauthorized constructions. The Court in disposing of the petition directed the respondents to ensure that any constructions made in the above two tourist places are in conformity with the Master Plan and does not in any way cause any degradation to the fragile ecology and environment of the place and that no construction in future shall be permitted in violation of the Master Plan. (JNF) |
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