Prevent use of residential properties for commercial purpose: HC directs SMC

Representational Pic

J&K High Court has directed Srinagar Municipal Corporation (SMC) to ensure that no residential property in the summer capital Srinagar is converted for commercial purpose.

Hearing a Public Interest Litigation against illegal structures in the city, a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta directed the SMC to take steps for implementing provisions of the Srinagar Master Plan.

“It needs no elaboration that a building plan is sanctioned for a specific purpose and a building constructed under such sanctioned plan has to be used for that purpose alone and nothing else” the Court said.

The Court barred all government authorities from issuing any permission to properties which are being used illegally for commercial purposes in contravention of the Master Plan or the sanctioned building plan.

The Court directed that a copy of its order be sent to Secretary Law for circulation to Jammu Municipal Corporation, SMC and all other concerned departments and licensing authorities who, it said, shall ensure compliances.

The Court directed the authorities to ensure status report with regard to illegal structures as well as compliance to its other directions by October 15.

The directions came after senior advocate RA Jan as amicus curaie pointed out before the Court that the authorities were not complying with the orders passed by the Court to disclose the action taken with regard to illegal structures.