Excelsior Correspondent
Srinagar, Feb 1: As the moratorium on the sealing of structures including shopping complexes and malls in Srinagar and Jammu cities constructed in violation of Master Plans has expired, the State High Court today sought status report from the Municipal Corporations and Development authorities of the two capital cities about these illegal structures.
As the moratorium on sealing and demolition of these structures has expired, the buildings, shopping complexes build in Srinagar and Jammu cities in violations of Master plans and building permissions will facing sealing soon.
The Division Bench of High Court comprising Justice MH Attar and Justice D S Thakur while hearing the public interest directed the Srinagar Municipal Corporation, Srinagar Development Authority, Jammu Municipal Corporation and Jammu Development Authority; to file the latest status report with regard to those illegal structures as the Act providing protection to these structures is not in force now.
The court in 2013 had issued directions for sealing of illegal shopping complexes and malls as those buildings were raised in contravention of Srinagar Master Plan and building by-laws.
SMC had sealed those buildings and malls, which had come up in violation of building laws and Master Plan in 2013. But Court directions didn’t remain in force after the then National Conference-Congress coalition Government came with legislation, Jammu and Kashmir Civil Laws (Special Provisions) Act 2014, for protection of these structures.
The Act (moratorium) says that no building or structure raised in violation of master plan shall be demolished or sealed till finalization of policy to deal with unauthorized construction. “…no building or structure shall be demolished or sealed, and no penalty shall be imposed in respect of such building or structure, on the ground of such building or structure having been constructed or erected in violation of master plan pending finalization of the policy under Section 3”, reads the act.
The Act came into force on March, 2014 and was enforceable up to March 2015. The PDP-BJP coalition Government in the month of April 2015 introduced a bill in Assembly seeking extension of moratorium on action against unauthorized constructions till December 2015 so as to complete the revision of Master Plan.
The Act was extended to all the areas within the jurisdiction of Srinagar Municipal Corporation, Srinagar Development Authority, Jammu Municipal Corporation as also to Jammu Development Authority.
The extension time has also lapsed and the Act (Jammu and Kashmir Civil Laws Special Provisions Act 2014) is no more in force as it has lost its validity. Now as per law the directions of the High Court with regard to sealing of unauthorized structures have become operational and the authorities (SMC) are duty bound to take steps against the unauthorized structures in terms of previous court directions.
The PIL was filed on account of public concern about large scale violations of various Acts and Building Laws prepared for planned development of Srinagar city and it has been stated in the petition that a number of buildings, commercial complexes have come up in violation of these acts and laws with tacit approval of the authorities like SMC, LAWDA and SDA.
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