Fayaz Bukhari
Srinagar, Dec 20: The Jammu and Kashmir High Court today pulled up Srinagar Municipal Corporation (SMC) for not issuing notices to the violators of Srinagar Master Plan whose buildings have been sealed and sought personal appearance of SMC Commissioner.
A division bench of the Jammu and Kashmir High Court comprising Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magray while hearing a Public Interest Litigation on Srinagar Master Plan violations pulled up the SMC counsel for being slow in filing the Status report on action taken by the organization against the erring officials who have facilitated the violations of the Master Plan.
The court asked the Counsel for SMC about status report about the inquiry ordered by the SMC against the delinquent officials who facilitated around 3000 violations of Srinagar Master Plan over past few years.
The Counsel for SMC submitted before court that out of 42 inquiries ordered by the SMC, 27 have been completed. The court, however, asked the Counsel why he didn’t file the action taken report of these 27 cases where the inquiries have been completed. While asking the SMC to expedite the process of inquiries, the Court observed: “You are slow with these inquiries.”
The court directed the SMC to file compliance report on the action taken against the erring officials by next week. “In case it is not filed by next week, SMC Commissioner is directed to appear in person in the court”, the court observed.
The lawyers pleading the cases of Srinagar Master Plan violators whose buildings have been sealed submitted before the court that SMC is not complying with court direction (dated 21/11/2013) in which SMC was directed to issue notices to the aggrieved persons’ u/s 7(1) and 7(3) under BOCA Act.
The lawyers submitted before the court that their clients are suffering due to the failure on part of SMC in issuing notices. “What have you done with these notices. Tell your Commissioner to be present here. You are getting orders from this court for sealing and de-sealing and you are not doing anything on your part. You are destroying beauty of nature”, the court observed.
Around 45 structures were sealed by the SMC under court directions two months ago. The court had directed the SMC to issue notices to these violators so that they can appeal before the Special Tribunal against the sealing of their structures.
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