HC for quarterly report over illegal constructions

Excelsior Correspondent
SRINAGAR, Dec 3: The High Court has sought status report from Sonamarg Development Authority (SDA) and other authorities on quarterly basis over illegal construction activities and implementation of Solid Waste Management Bylaws in the resort.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta directed the status report shall be filed on quarterly basis in a calendar year and first such report be positively filed on January 15 next year.
Court directed second such report be filed on May 15, third on September 15 and fourth on before December 30, 2020. Court instructed the Registry to ensure that such report are filed and received on these dates and the same be brought to the notice of the court.
The reports have been sought as the court found that the applications for building permissions on several occasions being made for renovation and repairs but under the shield of such permissions large scale of unauthorized constructions, expansions and encroachments are being affected.
In order to check this kind of illegal activity in the eco-fragile area as the same is irreversibly damaging the environment, court observed that such damage cannot be compensated monetarily.
For applying of renovation and repairs as per the new court directions, the applicant has to file an affidavit with application seeking permission of repairs of structure indicating that he is not in illegal occupation or possession of any public land or forest land in the entire J&K UT as well as in Ladakh and other documents like copy of lease, copy of ownership of land, copy of original sanctioned plan with previous permission, videography and photographs of the land ect.
With regard to implementation of SWM bylaws, CEO SDA and H&UDD have to file quarterly action taken reports pursuant to implementation of SWM bylaws. Secretary H&UDD in its earlier compliance report has stated that they have notified the J&K Model SWM Byelaws 2019 in two Corporations and 76 Urban Local Bodies in J&K.