Excelsior Correspondent
SRINAGAR, Nov 27: In a landmark judgment that can de-congest Srinagar city from frequent traffic jams, Jammu and Kashmir High Court today directed sealing of all those shopping malls and complexes in the city which have no basement parking.
The Division Bench of High Court comprising Justice MH Attar and Justice Ali Mohammad Magrey today directed the Srinagar Municipal Corporation (SMC) to initiate action against these shopping mall owners which includes demolition of these buildings.
“Till the action in accordance with law is taken for demolition of these buildings the respondent Corporation shall seal all these buildings and report compliance within a week’s time to the Registrar Judicial of this court”, directed the DB.
Court said the Commissioner of Corporation shall be personally responsible to execute the order and directed police to provide required protection while sealing these malls.
“In order to facilitate sealing of these commercial complexes and shopping malls, Inspector General of Police, Kashmir range, is directed to provide all necessary police assistance to the Corporation”, court directed.
Court directed owners of these shopping complexes not to offer any resistance to the sealing of their complexes by the SMC. “Violation of this order would make them liable for committing contempt of the court”, reads the order of Division Bench.
In its status report the SMC has stated that 47 shopping malls had not maintained car parking facility as is provided in the building permission and they have been directed to remove the deviation and provide car parking facilities in all these shopping malls.
“Pursuant to the direction, 16 shopping mall owners removed the deviations in the basement of the malls and restored the facility for parking and 31 shopping mall owners, however, did not respond to the instruction of Corporation and they were given seven days’ time for restoration of their basements. After inspection by Chief Enforcement Officer, 19 complex owners have been found failed to restore the parking facility and sealing order have been issued”, says the report of SMC.
It has been stated by the Corporation that complex owners resisted sealing of the basement of their commercial complexes which gave rise to law and order problem at the sites and prayed that police be directed to provide assistance while sealing the buildings.
Court directed IGP and DIG traffic to ensure that no vehicle is parked on the road side and vehicles are parked at the places earmarked for the purpose and vehicles which parked in violation of the laws shall be seized and action taken in accordance with law. Court while passing the direction for appropriate car parking observed that “people in general and pedestrians in particular are subjected to inconvenience in using the foot paths”.
Court directed for providing necessary staff to all the Traffic Magistrates across the State by the Government and in this connection Chief Secretary has been directed to ensure the necessary paraphernalia is provided wherever request is made by the Traffic Magistrates.
Court directed the permissions for raising commercial complexes in the areas which are covered by Municipal Corporation Act and Municipal Act, be granted with the provisions of providing car parking facilities within the building itself. “No permission shall be granted without ensuring that car parking area is provided within the commercial complex,” DB directed.
Court directed the Information Department to carry these directions for information of all through print and electronic media.
Court directed the Registrar Judicial to report whether the Commissioner Municipality has filed his compliance report of this order within stipulated period and in case compliance report is not filed by the Commissioner then he (Registrar Judicial) shall frame rule against the Commissioner Srinagar Municipal Corporation.
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