Excelsior Correspondent
JAMMU, Dec 7: Division Bench of the State High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan today said that no deliberate violation of the Master Plan or the Building Bye-laws can be permitted to be compounded and it is only the genuine mistakes while effecting constructions which are permitted to be compounded.
Hearing the PIL titled A Citizen, Division Bench observed, “instant case was entertained as Public Interest Litigation in July 2013 on a complaint received in the Registry of this court regarding the illegal constructions being raised around the Railway Station at Katra which were within the knowledge of Katra Development Authority”.
“During the course of hearing, our attention has been drawn to several orders, especially the order dated 31st December, 2013 wherein illegal constructions stands clarified in the different categories like commercial/residential or other buildings which have come up completely without permission of the local bodies like Municipal Committee or Development Authority; illegal constructions which have come up in violation of the Master Plan; illegal constructions which have been raised on agricultural land without seeking permission to convert ‘change of use’ of the same for commercial/residential or other purpose; the structures which have come up where permissions for construction have been granted when the proceedings for acquisition under the Land Acquisition Act were in progress namely, after issuance of notification under Sections 4 and 6 and the structures blocking public utilities like by-lanes etc”, the DB observed.
Advocate Ajay Sharma and Advocate Prag Sharma appearing for the PIL submitted that despite several orders passed in the writ petition, the official respondents have not taken any steps for ensuring removal of the encroachments or the illegal constructions.
“Senior AAG SS Nanda appearing for the Katra Development Authority Committee has submitted that a detailed report has been filed on 24th May, 2018 a perusal thereof would show that this urgent matter is not receiving attention and the same is being treated as a matter of routine”, the DB observed, adding “notices claim to have been issued for removal of illegal constructions. However, the violator has challenged the same before the J&K Special Tribunal, Jammu resulting in compounding of illegal/unauthorized constructions”.
“It, therefore, becomes necessary to set out the parameters within which the discretion can be exercised to permit compounding of illegal/unauthorized constructions”, the DB said while referring to relevant observations of the Supreme Court in the judgment in case titled Friends Colony Development Versus State of Orissa & others.
DB further observed, “Regulation 11 of the Jammu and Kashmir Control of Building Operations Regulations, 1998 prescribes non-compoundable violations”. Accordingly, DB ordered that no deliberate violation of the Master Plan or the Building Bye-laws can be permitted to be compounded.
“This court will take a strict view against any person or authority found violating the requirements of law. Only such deviations which are covered under the prescriptions of the judicial pronouncement and additionally covered under Regulation 11 of the Regulations, 1998 can be made the subject matter of compounding and not others”, the DB said.
On being informed that the Katra Development Authority has been compelled to file writ petitions challenging the orders passed by the J&K Special Tribunal permitting compounding of deviations, the DB requested the Single Judge to expeditiously dispose of all the writ petitions and not permit any adjournments thereto.
“We also direct the Katra Development Authority to place the law laid down by the Supreme Court as well as the Regulations before the J&K Special Tribunal which is considering the request for compounding made by the persons. In no case, deliberate violation(s) of the sanctioned building plan or the Master Plan can be permitted to be compounded. It has to be kept in mind that the Municipal Laws provided to ensure plan development within the municipal limits. The very object of requiring the sanctioned plan cannot be permitted to be obliterated by a person who effect the deliberate and rampant illegal constructions for their personal and private gains”, the DB said.
The DB further directed J&K Special Tribunal to ensure that all matters relating to unauthorized constructions are expeditiously disposed of within a period of four weeks.
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