Sessions Judge not competent to allow constructions on Lidder bank : High Court
D A RASHID
Srinagar, Dec 1: Ruling that the committee headed by Principal District Sessions Judge Anantnag is not competent to allow constructions along the banks of river Lidder in south Kashmir’s Islamabad (Anantnag) district, Jammu and Kashmir High Court has directed the government to ensure that no constructions are raised along banks of the river. The court however said the constructions can be raised in keeping with the provisions of law.
A bench of Justice Muzaffar Hussain Attar while passing direction on a petition challenging the construction of a Panchayat Ghar on the banks of river Lidder at Wahdan in Pahalgam area of south Kashmir held that the decision of the meeting has no statutory backing and cannot be implemented saying no person can be permitted to raise constructions in line with the said decision.
Referring to the minutes of the meeting of the committee convened on October 7, 2011 under the Chairmanship of Principal District and Sessions judge Anantnag, counsel for the petitioner, S H Thakur had submitted that a distance of 150 feet was mandatory for a construction from the bank of the river.
“It appears that the committee headed by Principal District Sessions Judge Anantnag which took decision in the matter was not competent to allow raising of constructions on the bank of river Lidder even by maintaining distance of 150 feet” court held.
The court said the decision of the committee had no statutory backing and in keeping with its decision no construction can be allowed along the bank of river Lidder.
It said if any one wants to raise construction, he shall have to seek permission from the authorities which are enjoined by statue or some executive order to grant such permission.
Petitioners Reyaz Ahmad Bhat and others had filed the petition seeking halt on the construction of a Panchayat Ghar on the Lidder bank at Wahdan near Pahalgam.
Lastupdate on : Sat, 1 Dec 2012 21:30:00 Makkah time
Lastupdate on : Sat, 1 Dec 2012 18:30:00 GMT
Lastupdate on : Sun, 2 Dec 2012 00:00:00 IST
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