HC directs Div Com to issue notice against illegal constructions

Excelsior Correspondent
SRINAGAR, July 27: The State High Court today took serious note of illegal constructions in and around Dal lake by taking undue advantage of present abnormal circumstances (unrest) and directed Divisional Commissioner Kashmir to issue a public notice for complying of court orders.
The division bench of Justice MH Attar and Justice Ali Mohammad Magrey today expressed its grave anguish and concern over the illegal constructions going on in and around Dal lake and warned such people for punishment in violation of court orders and statutes.
The court was informed that people are taking undue advantage of present situation (unrest) in the Valley and are raising constructions in violation of court orders. Court has also been informed that weeding operation is not being carried out by LAWDA authorities in the lake.
Court after this information directed Divisional Commissioner Kashmir to issue a public notice within two days in print media and electronic media informing all the people to comply with the court orders and shall not violate the court orders otherwise they will face consequences.
“The people informed that any construction raised in violation of the court orders and statutes will result in their demolition, besides, such violations will be punished for committing contempt of the court”, the bench of Justice Attar and Justice Magrey directed.
Court also directed Divisional Commissioner to ensure that information about such illegal activities is brought into the notice of the Registrar Judicial of the court with the particulars of such person indulging in the activity.
Registrar Judicial has been asked that on such information received from Divisional Commissioner shall issue notice to those violators through concerned police stations and those violators be asked to show cause as to why they shall not be punished for committing contempt of court.
Meanwhile, court has been apprised by Advocate General of the State on behalf of LAWDA that the authority (LAWDA) is carrying out the process of de-weeding and aeration of water by employing mechanical means.
With regard to illegal construction during recent days court has been apprised that enforcement wing of LAWDA is fully functional in these crucial days also and has lodged number of FIRs against the defaulters whose details were also furnished to the court.
Court directed the registry to implead those persons (violators) as party respondents in the PIL and directed them to appear before the court on next date. AG submitted that 8 FIRs have been lodged so against the violators as they were taking advantage of present situation as such court added that such type of people have to be dealt with in accordance with law.
Court asked the AG as to what action has been taken with these constructions after filing of FIRs. AG submitted that two of them have been demolished and others have been marked and action will be taken soon.
Court was dealing with a Public Interest Litigation filed by a Law student way back in 2002 about the protection and conservation of world famous tourist destination Dal lake.
The PIL, supposed to be heard in the first week of August, was listed today for the reason that it was brought to the notice of the court that constructions are being raised in violation of court directions as also in violation of Provisions of Law because of prevailing situation in the Valley. Now court fixed the next hearing of the case in the week commencing from August 15.

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