* Seeks records of land transfers in last 2 decades
Excelsior Correspondent
SRINAGAR, Nov 2 High Court has expressed serious concern over the constructions along the banks of River Jhelum in Srinagar and sought records from the Revenue Authorities of titles and transfers of State land in Kashmir from year 2000 till date.
The Division Bench of Chief Justice Gita Mittal and Justice Sindhu Sharma recorded that despite prohibitions by the Court and concerns being expressed after the 2014 floods in Srinagar on account of overflow of River Jehlum, it appears that the authorities are completely unaware and uninformed of the gravity of the situation.
The observations have been made by the court after attention drawn towards a construction adjacent to the Abdullah Bridge in Rajbagh area of Srinagar. Court noticed that despite the concern in the matter, a huge multi-storied construction is going on with impunity on the site which is surrounded by main roads leading from Abdullah Bridge towards Convent School on two sides.
Before proceedings further in the matter court deemed it necessary to have all necessary records as well as spot inspection of the site in question. As such court appointed Registrar Judicial as Commissioner and directed her to visit on spot and give a spot notice to owner of the site. “If notice is refused the same be pasted and photo be taken”, court said.
Commissioner has been also asked to have complete photograph and videography of interior and exterior of the construction. Court during the proceedings of the case has been informed that the site in question was completely submerged in 2014 floods and there was no structure in existence at that time. Court has also been apprised that the site in question is unconnected by any passage and there is certainly no place for sewage from the spot.
Court after this information said that it has doubt as to whether such construction is permissible under any law or the Master Plan of City. Court has also sought report with regard to fresh construction is being undertaken on spot or not. “The Commissioner shall also report regarding the provisions of discharge of sewerage”, reads another direction.
Court directed the Srinagar Municipal Corporation to bear all costs which are incurred by the Commissioner on videography, photography and other activities taken by her on the directions of court as regards to the construction in question. SMC has been also directed to produce the record of the permission or Sanction granted with regard to the raising of construction.
Apart from this, Court also directed the Secretary Revenue Department to produce the records of ownership of land on which the structure is being constructed including the flow of title and transfers from the year 2000.
Court has also directed the SMC to place before it the copies of NOC granted to the owner of the structure for raising the construction with complete details of authorities who have granted NOC for the structure.
“Prepare a site plan of the site with assistance of a draftsman pointing out the complete construction including floor wise plan” adding with “Report as to existence of a passage to the construction from the public roads”, Court directed to Commissioner.
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