Govt asked to identify officials responsible for violations
* Says findings without legal action meaningless
Mohinder Verma
JAMMU, Nov 27: In a significant order aimed at halting unregulated and unauthorized commercialization in Srinagar, the High Court of Jammu & Kashmir and Ladakh has directed the Srinagar Municipal Corporation (SMC) to file a detailed action plan within two weeks for implementing recommendations of the committee constituted to examine rampant violations at Balgarden-Karan Nagar.
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The High Court has simultaneously directed the Government to constitute a committee to fix responsibility on officials under whose watch illegal constructions and land-use violations flourished over the years.
Justice Wasim Sadiq Nargal passed the directions while hearing a nearly two-decade-old petition concerning unauthorized commercial conversions, building violations and encroachments in Balgarden-Karan Nagar area of Srinagar.
The High Court noted that the petition has remained pending for over 19 years and that despite repeated orders, the respondents consistently failed to file updated status reports. Even after a “last and final opportunity” was granted on 16.10.2024, no report was submitted.
When the case was listed on 18.11.2024, neither was the status report filed nor was respondent present, compelling the court to issue bailable warrants of Rs 10,000 to secure his presence.
The High Court took strong exception to a pleading in the respondents’ application suggesting that petitioners had managed to obtain a status quo order regarding alleged illegal barricades. The High Court described the statement as highly objectionable, and after the Deputy Advocate General withdrew it unconditionally, the Court cautioned the authorities to remain careful in future while drafting pleadings.
The report of the committee, constituted by the Commissioner SMC vide Order No. 1307 of 2024, was examined in detail by the High Court. The committee carried out field visits and identified 54 structures in Balgarden involving unauthorized commercial use of residential buildings, violations of zoning laws and land-use norms, violations of building permissions and Master Plan Srinagar-2035. The report noted that residents were facing blocked access lanes, encroached community spaces and impediments to emergency vehicle movement.
The committee also informed the High Court that many building owners/occupants refused to cooperate, did not produce building permissions and provided unauthenticated particulars leading the committee to classify the report as “preliminary”.
However, the High Court sharply disagreed with the respondents’ claim that the report was preliminary. Justice Nargal observed that the report clearly identifies violations, provides detailed findings, suggests corrective measures and specifies the legal framework applicable as such is “comprehensive”. “The categorizing it as preliminary appears to be an attempt to evade responsibility and delay implementation”, the High Court added.
After scrutinizing the findings, the High Court observed that SMC was obligated to ensure strict enforcement of land-use zoning, building permissions and prevent further unauthorized conversions. “Each of the 54 structures was supposed to be reviewed case-by-case in line with Master Plan Srinagar-2035, JKUBBL-2021 and the J&K Municipal Corporation Act, 2000”, the High Court added.
Having admitted the violations, the Corporation was obligated to take action against the structures which were found non-compliant under the provisions of the J&K Municipal Corporation Act, 2000, Master Plan Srinagar-2035 and JKUBBL-2021. Moreover, SMC and Enforcement Agencies were duty-bound to adopt reformatory measures ensuring adequate provisioning of infrastructure to mitigate the impact of unauthorized conversions on local streets, utilities and services.
“Authorities were also expected to engage with local stakeholders to build awareness about land-use compliance and its impact on quality of living. The recommendations regarding illegal parking including designated zones, paid parking, lane-permit systems, CCTV monitoring, fines, and signage also required immediate attention”, the High Court said, adding “findings without action defeat the very purpose of forming the committee”.
Accordingly, the High Court directed the respondents to submit a detailed action-plan in the form of supplementary affidavit within two weeks strictly in terms of the findings and conclusions contained in the committee’s report, which for all practical purposes stands treated as a comprehensive report.
“Let a detailed supplementary affidavit be filed within two weeks in the form of an action-plan demonstrating the steps proposed to implement the committee’s recommendations so as to curb unauthorized conversions, violations and illegal parking in the area”, read the order.
The High Court also directed the Government to constitute a committee headed by Srinagar Municipal Commissioner and other senior officers to fix responsibility upon all officials of the Municipal Corporation who were at the helm of affairs at the time when such constructions and violations took place. “The committee shall identify the officials responsible, so that accountability is duly fastened upon any such erring officer under whose domain such violations have taken place. Let the report be submitted on or before the next date of hearing”, the order further read.
Senior Advocate M I Qadiri along with Advocate Irshad Mohi ud Din appeared for the petitioners-Ghulam Rasool Zargar and others while as Deputy Advocate General Bikramdeep Singh appeared for the respondents.
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