Building permissions to entail further requirements in J&K, Ladakh

The Law, Justice and Parliamentary Affairs Department on Wednesday issued a public notice for the general awareness of the people about an order passed by High Court on 12.10.2020 to check encroachment of state land.

The order has been passed by the court in ‘OWP 48/2010 titled Pahalgam Peoples Welfare Organisations V/s State of J&K.’

The HC in the order has called for certain requirements to be fulfilled while seeking all building permissions to check the encroachment of the government land.

The notice which has been uploaded by the department on its official website quotes the important excerpts of the order.

The HC order quoted in the public notice reads: “It is directed that in addition to the requirements made in the applicable law, all applications for sanction of building, construction, renovation, repairs in any building shall be accompanied by the following:

“An affidavit by the applicant that he/she is not an illegal occupant on state or forest land in J&K and Ladakh, Union Territories.

The permission seekers have to self-authenticate copies of all documents establishing legal rights of ownership over the land on which construction, repair or renovation is proposed.

“Certificates from the Deputy Commissioner, and DFO that the land is not public land or forest land. Copies of original sanction plan with all documents of original sanction, previous permissions for additions, repair and renovation. Videography and photograph of the land, existing building (exterior and interior), location of site plan proposed.

“On completion of work, completed site plan with colour marking of work undertaken, videography and photos of completed work.

In no case all permission be granted to persons having no right, title or interest to occupy the land in question and persons in illegal occupation of the public land must handover such lands to the Government authorities.

This order shall govern all lands and properties in the Union Territories of Jammu & Kashmir as well as Ladakh.