Excelsior Correspondent
JAMMU, Dec 31: In a significant order, which will ensure strict implementation of Master Plan, Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today directed Divisional Commissioner Jammu and Deputy Commissioner Reasi to seal all the illegally constructed buildings in the holy town of Katra. The DB also directed the Director General of Police to make available all the assistance for implementing the directions.
“The Municipal Committee Katra has given a list of 27 buildings which have been constructed in the Katra Municipal area within two years without proper permission. Likewise, there are constructions, which have been illustrated and have come up in violation of the Master Plan as has been indicated in the status report filed by the Divisional Commissioner”, the DB observed.
These structures have been categorized as—commercial/ residential buildings, which have come up completely without permission of the local bodies like Municipal Committee or Development Authority; illegal constructions which have come up and violates the Master Plan; illegal constructions which have been raised on agricultural land without seeking permission to convert the use of the same for commercial/residential or other purpose and the proposed structures which have come up where permissions have been granted when the proceedings for acquisition under the Land Acquisition Act were in progress namely notification under Sections 4 and 6 had already been issued and the public utilities like by-lanes have been blocked.
While considering the status report filed by Divisional Commissioner Jammu and Deputy Commissioner Reasi, Division Bench observed, “there are various steps which have been listed and stated to have been taken by the Deputy Commissioner, Reasi. These steps are ban on constructions in violation of Master Plan by issuing order dated May 29, 2013 wherein a mechanism has been established to ensure that no construction takes place in violation of the laws of the land”.
“The other step taken by the Deputy Commissioner is to establish a camp office at Katra to ensure frequent reviews and coordination between various departments like officers of the Police, Municipal Committee, Katra Development Authority, Forest and Revenue Departments. Another step taken by the Deputy Commissioner is establishment of anti-encroachment cell in Katra with CEO KDA, SDPO, Naib Tehsildar, Range Forest Officer, OC BRO and other as members”, the DB said, adding “we appreciate the efforts which are being made by the district administration. We only wish that all this should have been done much earlier”.
Division Bench, however, expressed its anguish over the DFO Demarcation and directed that in case DFO Demarcation fails to comply with the directions issued by the DFO Reasi then he shall remain present in person on the next date of hearing.
While giving a strong message, Division Bench directed, “we also wish to make it clear that if any person is found to be indulged in illegal constructions either without permission or in violation of the Master Plan, the same should be immediately demolished. In case we receive any complaint through Amicus or any other citizen then the Divisional Commissioner, Jammu and Deputy Commissioner, Reasi shall be held personally responsible”.
Division Bench further directed that the status report with regard to sealing and all other aspects be filed.
Advocate Ajay Sharma was appearing for the PIL whereas Advocates Parag Sharma and RS Jamwal for the applicants and Advocate Adarsh Sharma was appearing for Katra Municipality and Senior DC Raina with Advocate Rohit Kohli for SMVDSB.
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