Fayaz Bukhari
Srinagar, Feb 13: Jammu and Kashmir High Court today issued show cause notice to seven Deputy Commissioners of Kashmir valley for not filing the compliance report regarding removing of encroachments on State and grazing land and directed the Government to finalize the Master Plan for Srinagar and construction of Satellite township.
The Division Bench of High Court comprising Justice MH Attar and Justice J R Kotwal after pursuing the records of PIL observed that DCs of Anantnag, Pulwama, Srinagar, Ganderbal, Bandipora, Kupwara and Shopian have not filed compliance or status report.
“Registry to issue notices to all these Deputy Commissioners to show cause as to why contempt proceedings be not initiated against them. The said authorities to file reply to the show cause notice before the next date of hearing and implement the court orders issued from time to time”, directed the bench.
Appreciating the work of DC Budgam on anti encroachment drive, Court said we hope and trust that he will continue with the same and will retrieve the other land from the possession of the encroachers and file the fresh status report about the removal drive before next date of hearing.
Court with regard to status report of DC Kulgam on removal of encroachments from State as well as kacharie land said that illegal structures as per the report have been demolished but it is not stated that how much land and at which place has been retrieved from the possession of encroachers.
“The DC Kulgam is to ensure the compliance of the court orders passed from time to time and remove encroachments from the kacharie land and ensure that possession of the same is taken by the Revenue Department and further to continue with the anti encroachment drive and removal of all illegal encroachment”, ordered the bench.
About the report of DC Baramulla on removal of encroachments in his district, Court turned down the same and observed the report is simply eyewash and warned him for contempt proceeding in case court orders are not carried with.
“The DC has given the details about demolition of some constructions which were raised illegally on agriculture land but has not given the details about the quantum of possession of land that has been taken over from the encroachers. DC is to comply with court orders otherwise court will be constrained to initiate contempt proceedings against the said authority”, reads the order.
Court also in order to prevent any encroachment in Srinagar directed Commissioner SMC, SDA and LAWDA authorities to make sure that no illegal constructions are raised in their respective areas and warned in case authorities fail to implement court orders on ground level then action will be taken against them.
“The Commissioner SMC, Vice Chairman SDA and Vice Chairperson LAWDA shall ensure that no illegal constructions are raised in the areas which fall within their respective jurisdictions and made it clear that complaint ‘if any’ is received about the raising of any other illegal construction, then the action for violation of court orders will be initiated against them”, directed the bench.
Court issued fresh notice to Commissioner Secretary to Government Housing and Urban Development Department as he was earlier directed to pursue finalization of proposed draft Master Plan as also plan for construction of Satellite Township.
SDA authorities have stated that for finalization of Master Plan for Srinagar, a meeting was convened with the officials of SMC, SDA and LAWDA but failure on part of consultant agency ( SAI engineering consultants) the Master Plan for 2012-2032 has not been finalized till date.
With regard to construction of Satellite Township, Government has transferred land measuring 4200 Kanals situated at Rakh-i-Gund Aksha, to SDA and out of which 440 Kanals have been taken over by SDA and 797 Kanals is being taken over after verification of the same and Rs 1.60 crore has been paid as improvement charges.
Report of SDA further states that information about 2200 Kanals of land has been submitted to Revenue Department for further verification. Court directed for effective steps for finalization of Master Plan and construction of Satellite Township.
“The Government shall take effective steps for finalizing the draft Master Plan. They also pursue SAI engineering consultants to perform their job without further delay”, court directed.
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