Excelsior Correspondent
SRINAGAR, Oct 30: The High Court today directed the authorities to remove illegal structures on State land in Parimpora area of Srinagar where over 200 structures have been built in two residential colonies.
State counsel M A Rathore submitted before the Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad that petitioner has also encroached upon the Kahcharai land. With this submission, Court directed that action shall be taken against one and all without any discrimination for raising unauthorized/individual structures on Kahcharai land as also against the petitioner in accordance with law.
DB also said if anybody is aggrieved for the action taken by the Deputy Commissioner Srinagar or his subordinate in this regard he may seek such remedy as may be available to him under law.
The Court was hearing a petition on encroachments on ‘Mehfooz Kahcharai’ at Parimpora, Srinagar which has now culminated into two residential colonies.
Initially the matter was heard by single bench and after perusal of the pleading of the petition and in view of the seriousness and public importance of the matter was remanded to division bench for further action.
The DC Srinagar, in its affidavit, has admitted that almost 200 residential structures have come up on the subject land, which according to him are un-authorized and illegal. “Apparently some kind of notice has been issued to the encroachers and no further follow-up action has been taken.”
It is stated in the petition that respondents namely Abdul Karim Khuroo, Bilal Ahmad Khuroo, Nazir Ahmad Aga and Mohammad Amin Tabardar, all residents of Shah Colony Parimpora have managed illegal construction on the State land classified as Mehfooz Kahcharai at estate Barthana, Parimpora and even innocent people are wooed to habitat on the said land, which has resulted into formation of two illegal colonies namely Firdousabad and Mustafabad holding 350 Cholas on subject matter.
It is further submitted that the illegal process of grabbing State land by the above persons has been since 1994 under the nose of Municipal Authorities viz Commissioner SMC, Chief Enforcement Officer SMC, Ward Officer No.24 and Ward Officer No.25 as their failure to perform the statutory obligations under Land Revenue Act, Municipal laws and Ranbir Penal Code.
It is submitted that silence observed by the State authorities on the subject matter spectacularly speaks volumes on nepotism and favoritism at the cost of ulterior motives and oblique considerations which goes contrary to the Constitution of India.
Petitioner prayed before the Court that the authorities be directed to perform their statutory duty on the issue with a reasonable time.
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