Excelsior Correspondent
SRINAGAR, Dec 19: The High Court today directed the Government to conduct an inquiry through Anti Corruption Bureau with regard to illegal building permissions issued by Joint Commissioner Srinagar Municipal Corporation (SMC).
Justice Ali Mohammad Magrey while sealing of a structure within the limits of city which has been raised under the garb of building permission issued by the Joint Commissioner SMC who as per submission of counsel is not a competent authority, directed the Government to conduct an inquiry with regard to illegal all permissions, if any, issued by the Joint Commissioner SMC.
For conducting inquiry through ACB into the matter, the court directed the registry to convey the direction of the court to Divisional Commissioner Kashmir and Commissioner/ Secretary HU&DD for information and necessary action.
The direction was passed after the Court prima facie found the case against the violator has been made out by the aggrieved persons. It was Javed Ahmad Magrey who through his counsel Nissar Ahmad Bhat assailed the validity of the building permission issued by JC SMC against the violator.
Advocate Nissar submitted before the court that in terms of the building bylaws of 2011 the building permission authority has been constituted for grant of sanction for raising the constructions, However, in the present case, the authority under bylaws has not issued the sanction in favour of violator.
Court has been informed that the said JC is at fag end of his service carrier as such has issued hundreds of illegal permissions like the one which is under challenge in the present petition.
“The court cannot lose sight of important issues raised in the petition qua regularizing unauthorized constructions raised by the permittees. The court has to ensure the permission for raising buildings in the Srinagar city are in tune with the Master Plan and building bylaws”, court recorded
Meantime, court stayed the building permission issued by the JC SMC against the violator and directed the Divisional Commissioner to seal the construction in question and keep the same under the supervision of the Station House Officer concerned until further orders from the court.
Court has been informed that JC SMC has issued the building permission who is not the competent authority in terms of bylaws and Municipal Corporation Act and approved the same without there being any sanction from the competent authority.
Court said, seemingly, the violator appears to have raised the construction of ground floor in violation of the permission granted in her favour, which violations have been now, in terms of the order of JC, regularized.
Court said, the petitioner has made out the case as such directed for issuing summons to Higher ups of SMC and others for filing of response to the contentions raised in the petition regarding issuance of hundreds of building permissions by an un-competent authority.
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