Excelsior Correspondent
Srinagar, July 27: Special Tribunal directed the Srinagar Municipal Corporation to remove all constructions and restore the wetland and flood basin in Peerbagh Srinagar and recommended rescinding of permissions granted.
The member of Special Tribunal Srinagar bench Asif Hamid Khan in order to arrest the growing tendency of constructions on water body, which has of late assumed monstrous proportions, has directed the Commissioner SMC to maintain liaison with the concerned Revenue Agencies, Vice-Chairman, Srinagar Development Authority and Chief Engineer, Irrigation & Flood Control, Kashmir and other concerned agencies like LAWDA for retrieval and restoration of the wetland in question, by removal of all constructions, if any, raised thereupon.
Tribunal said the constructions raised are surreptitiously in contravention of Government instructions, besides being in gross violation of a catena of judgments delivered by the J&K High Court, National Green Tribunal and Supreme Court involving reckless, unregulated and ever increasing conversion of agricultural land for non-agricultural purposes.
Tribunal directed the Commissioner SMC to complete the exercise within one week positively after complying with all statutory requirements and, if necessary, seek necessary assistance from Sr. Superintendent of Police, Srinagar in this behalf and submit compliance report on 02.08.2021.
The beneficiary of sanction for building-Mrs Irfan, as per permission was granted by the SMC on 16.10.2019 in respect of land situated near flood basin in Peerbagh Srinagar water of which flows into the wetland for construction of Basement plus six storeyed residential blocks consisting of eight (08) number of blocks marked A, B, C, D, E, F, G and H in the site plan having basement floor parking.
But in terms of impugned order dated 21.05.2021, the building permission was kept in abeyance/on hold till further orders citing the grounds that the Executive Engineer, Flood Spill Channel, Narbal vide his letter No. FSCDN/CS/794-98 dated 18.05.2021 underlined the importance of these water bodies, being a flood basin and the Survey No. 270, 271, 272, 273, 269 as mentioned in the permission for construction are falling in the wetland and flood basin for which no NOC has been sought from Irrigation & Flood Control Department – being highly unfortunate and apathy of extreme kind.
The Executive Engineer, FSCD, Narbal had requested that the permission granted for the building be revoked forthwith and new permission for construction and filling in the wetland may not be granted to stop the menace.
The land being almost 25 kanals with Abhi Awal classification comes under purview of conversion category as per Govt. Order. No. 138-Rev (S) of 2016 and as such, no procedure has been followed in the process in the instant case.
The preliminary report reveals that the permission has been granted in haste without application of mind at all levels by grossly flouting the rules/regulations with respect to Govt. Order No. 138-Rev(S) of 2016 dated 07.10.2016 and also the Srinagar Master Plan-2035.
Tribunal said that instead of ensuring strict adherence to norms and building laws and other relevant laws, the then Jt. Commissioner, Planning, SMC issued the building permission dated 16.10.2019 by throwing all norms to the wind.
The building permission dated 16.10.2019 also makes a mention of another building permission previously granted to the applicant-Mrs Irfana of Peerbagh Srinagar vide Order No. 3701 of 2019 dated 16.02.2019 in respect of the land in question.
Tribunal said since the building permission dated 16.10.2019 has admittedly been issued in violation of all norms and Master Plan-2035 and Govt. Order No. 138-Rev(S) of 2016 dated 07/10/2016 and, moreso, without the approval of competent authority, all proceedings undertaken in pursuance of the building permission has no foundation and are, therefore, liable to fall to the ground.
While appreciating the role of Incumbent Commissioner, SMC and Incumbent Jt. Commissioner, Planning, SMC in discharging their obligations to shape the city in a more profound way, Tribunal said the correct course of action for the authorities to be adopted in this case, rather than keeping the said building permission order in abeyance/on hold.
Tribunal recommended to immediately rescind the said building permission dated 16.10.2019 issued by the then Jt. Commissioner, Planning, SMC without any authority and competence.
“Further take necessary steps for ensuring protection and preservation of these water bodies, and restore the wetland in question to its original/natural position as it existed prior to issue of building permission order dated 16.02.2019 read with order dated 16.10.2019”, reads the order.
Tribunal has held that both these building permissions are colossal violations of Master Plan and contrary to land use, admittedly issued in pursuance of a criminal conspiracy by the perpetrators of this naked fraud.
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