Rajbagh multi- storey commercial building case | Produce ownership rights by December 1: HC to Div com

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J&K High Court has directed the Divisional Commissioner Kashmir to produce by December 1 ownership rights of the land on which a multi-storeyed commercial building is coming up between 10 to 15 feet from the banks of the River Jhelum in Rajbagh area here.

A division bench of Chief Justice Gita Mittal and Justice Puneet Gupta granted more time for producing the said record after it perused an affidavit by Divisional Commissioner Kashmir informing the court that he had constituted a committee and had addressed a communication to the Chairman, Inland Waterways Authority of India on the subject matter under consideration.

In its compliance report, Jammu & Kashmir Pollution Control Board (PCB), informed the court that the builder is proposing to construct a hotel with the capacity of 48 rooms and a Restaurant facility with a seating capacity of 80 persons.

In response to the submission by Senior AAG, B A Dar that he has filed a report on behalf of the Chief Engineer, (Jal Shakti) Irrigation and Flood Control Department, Kashmir, which was not taken on record, the court said: Let the same be brought on record before the next date of hearing”. The Irrigation and Flood Control Department, Kashmir, the court said, shall file photographs of the spot and area in the floods of September 2014.

In response to the submission by Senior AAG, Dar that he required further time to file the report on behalf of Inspector General of Police, Traffic, J&K, the Court said:    “The IGP Traffic shall take into consideration the additional traffic burden and burden on the circulation at the spot which would result in establishing a Hotel with 48 rooms and seating capacity of 80 persons for Restaurant if made functional on the site in question”.

For filing response to the plea, the court granted 10 day time to advocate M AQayoom who appeared on behalf of Gulzar Ahmad Sheikh who is owner of the hotel

After advocate Moomin Khan sought time to file the reply on behalf of the Srinagar Municipal Corporation, the court asked him to file the same within 10 days.