Excelsior Correspondent
SRINAGAR, Dec 18: The State High Court today sought Government policy framed for structures and buildings including shopping complexes and malls in State which have been built in violation of building permission and Master Plan.
Court has been informed that the Government has formulated the policy in this regard and with these submissions, the division bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey directed the policy, if any, shall be produced before the court on next hearing.
Court in 2013 had directed for sealing all those complexes and shopping malls raised in Srinagar city in violation of Master Plan and provision of building permission.
After sealing all these structures by Srinagar Municipal Corporation, the previous Government (NC-Congress) came with a legislation – Jammu and Kashmir Civil Laws (Special Provisions) Act 2014 – for protection of these structures which included shopping complexes and malls in Srinagar city which have come up in violation of building permission and Master Plan, as the Court direction for sealing of these structures was in force.
The Act (moratorium) said that no building or structure raised in violation of Master Plan shall be demolished or sealed till finalization of policy to deal with unauthorized construction. “…no building or structure shall be demolished or sealed, and no penalty shall be imposed in respect of such building or structure, on the ground of such building or structure having been constructed or erected in violation of Master Plan pending finalization of the policy under section 3”, read the act.
The Act came into force on March, 2014 and was enforceable up to March 2015. Thereafter the next Government PDP-BJP coalition Government in the month of April 2015 introduced a bill in Assembly seeking extension of moratorium on action against unauthorized constructions till December 2015 so as to complete the revision of Master Plan.
The Act was extended to all the areas with the jurisdiction of Srinagar Municipal Corporation, Srinagar Development Authority, Jammu Municipal Corporation as also to Jammu Development Authority.
Since the extension time of the Act (Jammu and Kashmir Civil Laws (Special Provisions) Act 2014) is going to lose its force in September 30 this as such as per law the directions of the Court with regard to sealing of unauthorized structures shall become operational after September 30 and the authorities (SMC) are duty bound to take steps against the unauthorized structures in terms of previous court directions.
The PIL was filed on account of public concern about large scale violations of various Acts and Building Laws prepared for planned development of Srinagar city and it has been stated in the petition that a number of buildings, commercial complexes have come up in violation of these acts and laws with tacit approval of the authorities like SMC, LAWDA and SDA.
It has been alleged in the instant PIL that though the officers and officials responsible for preventing illegal constructions, demolish constructions so raised in some case took half hearted steps and emboldening others to take law in their own hands and allow them to raise constructions whatever they desire to raise.
The State Government has come up with a policy to regulate all illegal and unauthorized construction of buildings and structures in summer and winter capitals of the State as well as Katra.
According to an official notification, the policy aimed to bring the illegal and unauthorized constructions and land use or building use conversions into planning framework to the “extent possible” and to facilitate the implementation of the Master Plans under revision.
However, no unauthorized construction having come up after 31 December 2016 shall be regularized as per the policy, a “one-time settlement” for local areas of Srinagar, Jammu and Katra in Reasi district.
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