Excelsior Correspondent
Srinagar, Sept 17: High Court today directed the Srinagar Development Authority (SDA) to consider the claim with regard to mushrooming of shopping malls and complexes coming into existence on the highway in violation of Master Plan in accordance with law.
Advocate Bilal Ahmad Khan had filed a writ petition which was listed before the division bench of Chief Justice Pankaj Mithal and Justice V C Koul and the bench while closing the PIL directed the V C Srinagar Development Authority to consider the representation of Advocate Khan in accordance with law.
Advocate Khan had sought that the authorities including Union Territory of J&K through Chief Secretary, Commissioner/Secretary Housing & Urban Development Department, Divisional Commissioner Kashmir, Vice Chairman Srinagar Development Authority, Commissioner, Srinagar Municipal Corporation, Chief Town Planner, Town Planning Organization Kashmir Srinagar and Chief Engineer, R&B Department, Kashmir be directed to implement the Master Plan (2015-35) in vogue in its letter and spirit and ignore implementation of SRO 260 of 1976 which has lost its validity so that the mushrooming of constructions in Srinagar city is avoided.
He had sought that the respondents be directed to allow constructional activities of the bypass from Panthachowk – Parimpora via Nowgam, Hyderpora and Bemina as per Master Plan (2015-2035) in vogue with the proposed right of Way (RoW) needs to be 50 meters and proposed building line 35 meters and same be implemented in letter and spirit.
It was contended in the plea that the action of the respondents whereby they at the helm of affairs are implementing SRO 260 of 1976 issued by the R&B department which has lost its validity and are ignoring the implementation of Master Plan (2015-35) in vogue.
Advocate Khan apprised the court that there is mushroom growth of construction within the Srinagar District on account of multiplex shopping complexes, hotels, restaurants without adhering to the bylaws, rules and regulations, terms and conditions of the Master Plan, which need to be monitored strictly as per Master Plan.
“However, presently multiplex shopping complexes, showrooms, shopping malls, banquet halls, marriage halls etc are coming up in total deviation of the Master Plan on and around major roads, bypasses from both sides and nobody is adhering to the norms set out in Master Plan”, reads the plea.
It is added that it is duty cast upon the Administration that all the buffer zone areas shall remain in its actual conditions inasmuch as there should be no clearing or cutting of trees, if any, existing, constructional demolition waste or other debris as no new constructional development used activity encroachment and/ or if any construction shall take place in the existing buffer zone specifically authorized in the Master Plan.
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