The High Court on Friday directed the government to act against the illegal structures in Srinagar City in keeping with the notified Master Plan (2015-2035).
While hearing a Public Interest Litigation titled MujeebAndrabi versus State of Jammu and Kashmir, a division bench of Chief JusticeGita Mittal and Justice Tashi Rabstan asked the authorities concerned toproceed in the matter in accordance with the notified master plan.
The court issued the direction after it was informed that on7 March 2019, a notification under Jammu and Kashmir Development Act was issuedwith regard to the Master Plan 2015-2035 for Srinagar City. The court took thenotification on record.
As soon as the matter came up for hearing, senior advocateReyaz Jan as amicus curiae informed the court that the Master Plan (2015-2035)for Srinagar City stands notified and the illegal structures need to be doneaway with in accordance with the Master Plan.
The State Administrative Council (SAC) approved the MasterPlan after the Chief Town Planner Kashmir through Housing and Urban Developmentsubmitted the same to SAC.
In March 2014, the J&K government headed by NationalConference formally enacted the new Act to protect, for one year, thousands ofunauthorized constructions that exist in twin capital cities of Srinagar andJammu besides Katra, a small town in Udhampur district of the state.
However, theprovisions of the Act did not protect under-construction or the buildings andstructures whose construction had not been completed on the date the Act cameinto force (March 5, 2014). The Act did not also apply on the buildings andstructures constructed on public land, road or other public utility and also toconstructions not complying safety measures, if any issued by the government.
The government thencame up with the legislation, J&K Civic Laws (Special Provisions) Act,2014, whereby moratorium was imposed against the sealing. The Act was enacted so that a comprehensivepolicy could be formulated to tackle the issue of the violations by the end ofMarch 2015.
The legislation, providing moratorium on sealing of illegalconstructions till December 2015 was passed in both Houses of the legislatureduring NC-Congress government. The same was followed by PDP-BJP government.
A high-level committee was later formed and it hadreportedly recommended hefty penalty against the violators in lieu forregularization of the construction with minor deviation. In case of majorviolations, it had proposed that there should be no leniency.