Excelsior Correspondent
JAMMU, Sept 25: Division Bench of High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat has allowed the Shri Mata Vaishno Devi Shrine Board to go ahead with the construction works in the Katra town in accordance with the permission granted by the competent authority and approved building plans.
The DB granted the permission while hearing a Public Interest Litigation (PIL) filed against illegal constructions going on in the town right under the nose of Katra Development Authority. The DB, in its earlier order passed on September 5, 2013, had ordered complete ban on the construction activities in the holy town.
Aggrieved over the ban order, Shri Mata Vaishno Devi Shrine Board filed an application seeking modification in the DB’s order dated September 5, 2013 on the ground that in terms of J&K SMVDSB Act, 1988, the Board is required to provide adequate facilities to the pilgrims visiting the shrine.
“More than 10 million pilgrims visit the shrine every year and in order to ensure that they are not exposed to any inconvenience, the Board is required to supplement existing infrastructure, make improvements in facilities, repair the buildings, roads, tracks and also raise new constructions”, submitted Senior Advocate D C Raina with Advocate Rohit Kohli appearing for the Shrine Board.
“Due to the inability of the Board to go ahead with the works under execution in the light of order dated September 5, 2013 the pilgrims visiting the shrine are likely to face immense hardship in the days to come, particularly during ensuing Navratras”, they further submitted. Through the application the Shrine Board apprised the Division Bench of the constructions, which are nearing completion and can be allowed to be used by the pilgrims only after some finishing works.
Though Advocate Ajay Sharma appearing for the petitioner did not oppose the Shrine Board application but he apprehended that under the garb of permission to complete pending works or to go ahead with new construction, Board may undertake constructions in violation of Control of Building Operation Act or without getting plans approved by the Building Operation Controlling Act (BOCA).
“The status report filed by the Reasi district administration points to involvement of Board in violation of Control of Building Operation Act”, he argued.
After hearing counsels for the Shrine Board and the petitioner, the DB observed, “in view of the documents placed on file and stand taken by the counsels for the parties the order dated September 5, 2013 warrants modification”.
Accordingly, the DB ordered that till next date of hearing, all the construction activities at Katra including area around Railway Station, except constructions under execution by Shri Mata Vaishno Devi Shrine Board in accordance with the permission granted by the competent authority and the approved building plans, shall be stopped.
The DB further observed, “the status report filed in terms of order dated September 5, 2013 indicates that construction activities were carried out in the town in violation of Control of Building Operation Act during the year 2012-2013”.
“The status report also indicates that Divisional Commissioner and Deputy Commissioner Reasi, in compliance of the earlier order, visited Katra on September 10, 2013 and took stock of situation”, the DB said.
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