*Reasi distt admn to start sealing exercise within days
Mohinder Verma
JAMMU, Jan 30: In a development of far reaching consequences, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today dismissed six petitions seeking review of the earlier directions regarding sealing of illegally constructed commercial and residential buildings in the holy town of Katra. Now, the Reasi district administration will have to start the sealing process in compliance to the previous directions and complete the same before February 11 when the main Public Interest Litigation would be listed for further hearing.
In a related development, the State Cabinet, which is scheduled to meet on February 1 (Saturday), will discuss the Ordinance prepared by the Housing and Urban Development Department seeking moratorium of one year on sealing and demolition of illegal structures across the State. However, keeping in view the serious procedural lapses in the preparation of draft Ordinance the same is unlikely to be cleared.
After going through the review petitions and hearing the submissions of the counsel for the petitioners, the Division Bench didn’t find any substantial ground for review of its earlier directions whereby sealing of illegally constructed commercial and residential structures was ordered. “We don’t find merit in the review petitions”, the DB remarked, in the open court, and dismissed all the six petitions. The Division Bench also imposed costs of Rs 10,000 each on all the six petitioners.
These petitioners had challenged the orders of the Division Bench regarding sealing in the Supreme Court of India and on January 15, a Bench of the Apex Court comprising Justice R M Lodha, Justice Madan B Lokur and Justice Kurian Joseph had ordered status quo on the directions of the High Court for two weeks and stated that petitioners may file review petition before the Jammu and Kashmir High Court.
In a related development, State Cabinet, which is scheduled to meet on February 1 (Saturday) will discuss the Ordinance prepared by the Housing and Urban Development Department seeking imposition of moratorium of one year on sealing and demolition of illegally constructed commercial and residential buildings across the State.
“However, the Ordinance is unlikely to be cleared because of serious procedural lapses, which has been viewed very seriously by the Chairman of the Legislative Council, Amrit Malhotra”, sources said, adding “instead of pressing for clearance of Ordinance the Housing and Urban Development Department will brief the Cabinet about the lacuna and request for bringing the matter afresh after fulfilling the laid down procedure”.
In response to a question, sources said, “instead of preparing Ordinance on the basis of discussion in the meeting of House Committee of Legislative Council constituted to look into the issue of conversion of residential areas for commercial purposes, the minutes of House Committee meetings were required to be placed before the Chairman of the Upper House for his verdict as per the laid down procedure”.
“Besides this serious procedural lapse, the Housing and Urban Development Department was supposed to keep in mind that Budget Session of the State Legislature was about to begin within a fortnight and Ordinance route would be unviable”, sources said.
About why the Ordinance was not withdrawn when serious procedural lapses came to the fore, sources said, “the Housing and Urban Development Department tried to do so but could not succeed as by that time the draft Ordinance had become the property of the Cabinet”, adding “before the Housing and Urban Development Department could make a request to the General Administration Department for withdrawal of draft Ordinance the same had been cleared by the Chief Minister for placement before the Cabinet”.
Ruling out the possibility of Cabinet clearing the draft Ordinance despite serious procedural lapses, sources said, “such a step would amount to undermining the authority of the Chairman of the Legislative Council. Moreover, Governor may not clear the Ordinance which has been prepared without following the laid down procedure and that too at a time when Budget Session is about to begin”.
Meanwhile, the Reasi district administration will have to start implementing the previous directions of the Division Bench regarding sealing of illegally constructed buildings in the holy town of Katra as the petitioners could not get any major respite either from the Supreme Court or from the State High Court in the review petitions and Ordinance is unlikely to be cleared by the Cabinet.
“The main Public Interest Litigation on the subject is being listed before the Division Bench on February 11 and before that the Reasi district administration will have to carry out the sealing exercise and file compliance report before the Division Bench”, sources said.
It is pertinent to mention here that Division Bench vide order dated December 31, 2013 had directed the Divisional Commissioner Jammu and Deputy Commissioner Reasi to seal the illegally constructed buildings and if any person was found to be indulging in fresh illegal constructions either without permission or in violation of Master Plan the same should be immediately demolished.
Following Division Bench’s directive, the District Administration issued notices to all the alleged violators asking them to voluntarily vacate the buildings within a specified time-frame. However, no further exercise could be initiated as aggrieved over the Division Bench order owners of some business establishments in the holy town of Katra filed Special Leave Petitions before the Supreme Court.
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