When a situation transforms into a decrepit state due to neglect, indifference, incompetence or wilful inaction, it cannot be retrieved by conventional ordinary means and that, perhaps, is true of unabatedly raising of structures and constructions at places of tourism fame in various places in Jammu and Kashmir. These tourists destinations are having sensitivities of fragility in respect of disturbing the environmental equilibrium and scenic landscape due to haphazard and illegal encroachments. Patnitop in Jammu region is such a place of fame facing this type of threat on account of illegal constructions and despite court interventions and directives, there appears to be no improvement hence the Division Bench of High Court has referred the matter of such illegal constructions to the CBI for conducting thorough probe.
Green buffer areas of the place are not only encroached upon but illegal constructions too are raised. The climax of the entire scenario is that while a particular building housing a hotel etc is shown as being within norms and limits of the authorised area, only within a month there are rampant violations in terms of encroachments which has been observed by the Divisional Bench with concern. Such glaring violations, decidedly wilful and deliberate for commercial gains in mind, have been observed in respect of many other hotel buildings and guest houses. How can such vast chunks of land which falls under the segment of identified Agricultural land meant only for farmers’ cultivation and recognised as such under the relevant laws be encroached upon and constructions raised is an issue involving more reasons and some quantum of connivance hence needing a probe.
The matter does not end here as to how mercilessly nature is violated, rules relevant to construction, encroaching reserving patches of land for Agricultural purposes and protecting the same through relevant legislations but even raising structures without any authority or approval by the competent authority. Just not stopping at that, it is quite astonishing and simply unbelievable that the then cabinet Minister in the erstwhile State Government is reported to have illegally “sanctioned and approved” 4547 square feet of forest land in favour of a hotel. The Minister was curiously in charge of Housing and Urban Development Department. This particular hotel has also grossly violated the J&K Agrarian Reforms Act of 1976 and further has converted Agricultural land for pure commercial use.
The relevant report presented in a tabulation form along with the affidavit further reveals that several hotels and guest houses were being run without even proper registration and authorisation by the competent authority. The Division Bench has, with concern observed the enumerations being as “merely a tip of the iceberg” which is symbolic of grave violations of different hues having taken place and continuing to take place, all aiming at axing the very purpose for which all such illegal activities were planned, the advantage and the peculiarity of the place being a tourist hub. In other words, with such gross violations of encroaching upon chunks of land and raising of mushroom illegal constructions, the entire beautiful area was bound to lose its enchanting and attractive nature striking at the sustenance of the footfall of tourists.
It is in the fitness of things that the entire structure of granting building permissions, licences, electric and water connections for domestic use later converted for commercial use, instances of glaring complicity and collusion, nexus between many hoteliers and the authorities and host of other issues in respect of Patnitop, to be probed extensively by the CBI and the DB has accordingly directed all concerned to extend full cooperation to the investigating agency. Needless to add, while we clamour for providing more facilities to the tourists at and en-route tourist destinations, we are demanding more from the Government as our right but are usually in increasing deficit in our duties to at least protect the sanctity and the sheen of these natural scenic attractive places like the instances brought out in the issue under reference and that is the tragedy.
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