Excelsior Correspondent
JAMMU, Jan 15: Supreme Court today stayed the order of Division Bench of State High Court whereby directions were passed for sealing of illegally constructed buildings in the holy town of Katra.
Aggrieved over the order passed by the Division Bench on December 31, 2013 in a petition filed by Krishan Singh and Others Versus State of J&K and Others, several hoteliers and other businessmen moved Special Leave Petitions before the Supreme Court challenging the sealing order.
A Bench of the Apex Court comprising Justice R M Lodha, Justice Madan B Lokur and Justice Kurian Joseph after hearing counsels for the petitioners observed, “inter-alia, it appears from the order that the High Court considered the list given by the Municipal Committee which indicated that 27 buildings have been constructed within last two years without permission”.
“However, counsels for the petitioners have submitted that this is factually incorrect. If that is so, liberty is granted to the petitioners to apply to the High Court for review of the order”, the Supreme Court Bench said, adding “we have been informed by counsels for the petitioners that the High Court is closed for the winter vacation and even the Vacation Judge shall sit now only on January 22, 2014′.
“In view of this, the status quo shall be maintained for two weeks from today”, the Supreme Court Bench directed. However, the Bench clarified that the consideration of the matter by the High Court on review petition that may be made by the petitioners shall not be influenced by the order of status quo. “The review application shall be considered on its own merits in accordance with law”, the Bench said. Accordingly, the Supreme Court disposed of the SLPs.
Earlier, Senior Advocate Amrinder Saran, who along with Advocates Vikram Sharma, Amit Anand Tiwari, Kushagra Pandey and Avinash Tripathi appearing for the petitioners, submitted that categories of structures fixed by the Division Bench of State High Court were inconsistent with each other”.
They also contradicted the status report filed by the Deputy Commissioner Reasi identifying 27 buildings having come up without permission and said, “the petitioners have obtained all the permissions”. The counsels for the petitioners even produced record in this regard.
Stating that the petitioners had not violated the Master Plan, the counsels said, “the Master Plan permits construction of commercial and residential houses in specified locations and petitioners have strictly complied with the same”.
It is pertinent to mention here that Division Bench of State High Court vide order dated December 31, 2013 had directed the Divisional Commissioner Jammu and Deputy Commissioner Reasi to seal the illegally constructed buildings and if any person was found to be indulging in illegal constructions either without permission or in violation of Master Plan the same should be immediately demolished.
Following Division Bench’s directive, the District Administration issued notices to all the alleged violators asking them to voluntarily vacate the buildings within a specified time-frame.
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