Excelsior Correspondent
Srinagar, Nov 4: In order to put a check on unauthorised and illegal constructions, High Court today directed that the application made for building construction, renovation or repairs shall be accompanied by additional documents including affidavit, ownership, title, occupancy of land, certificates from concerned Deputy Commissioner and Divisional Forest Officer etc.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta recorded that under the shield of the permissions so obtained, large scale of unauthorized constructions, expansions and encroachments are being affected as such directed that the application made for building construction, renovation or repairs shall be accompanied by additional documents including affidavit, ownership, title, occupancy of land, certificates from concerned Deputy Commissioner and Divisional Forest Officer etc.
Court while making these documents as necessary while applying for any kind of constructions, renovations or repairs of structures in tourist spots said it is absolutely imperative to check the illegal activity as the unauthorized constructions in these eco-fragile areas are irreversibly damaging the environment.
“Not only the present populace, but the generations to come will have to pay the price for the environment degradation”, DB said.
Court directed that in addition to the requirements made in the applicable law, all applications for sanction of building, construction, renovation or repairs in any building shall be accompanied by an affidavit by the applicant submitting that he is not in illegal occupation or possession of any public land or forest land in the entire UTs of J&K and Ladakh.
Applicant has to also submit certificate from concerned Deputy Commissioner and Divisional Forest Officer that the land is not public land or forest land. “If the property is leased/licensed, then details of payments of the charges with receipts. Copy of original sanctioned plan with all documents of original sanction, previous permission for additions, repairs or renovations”, Court directed.
If such request is favourable considered by the authorities, then on completion of the work, complete site plan with colour marking of work undertaken as also videography and photos of the completed work are necessary.
Court has also left it open for the concerned authorities to have full access at all times to the property to undertake its inspection during the process of work and after its completion.
Court apart, also directed the Chief Executive Officer of Sonmarg Development Authority and Housing & Urban to place before the court the ATR pursuant to the implementation of SWM bye laws on quarterly basis.
A compliance report in this regard has been filed by the Additional Secretary of H&UD department stating that the Model SWM bylaws have already been notified in two corporations and 76 Urban Local bodies of the UT.
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