Srinagar: The High Court of J&K and Ladakh has directed Commissioner, Municipal Corporation(SMC) Jammu to furnish details regarding major and minor violations in Green Belt Park and Gandhi Nagar area in Jammu that have taken place since enforcement of J&K Control of Building Operations Act, 1988.
Seeking his affidavit, a bench of Justice Wasim Sadiq Nargal also directed the Commissioner to provide by October 10 details as to how many violations are liable for penal action under Section 7 of the Act besides the number of residential properties that have been sealed in Green Belt Park and Gandhi Nagar areas.
The Court also asked the Commissioner to give information about the residential properties where commercial activities were undertaken and have been sealed under Section 8 of the Act.
The Court asked the Commissioner to inform in how many cases he has initiated preliminary enquiry to ascertain as to whether the field staff (Khilafwarzi Officers/enforcement inspector) were involved by way of act of omission and commission in pursuance of which the violation were committed in Green Belt Park and Gandhi Nagar areas.
“Out of the total minor/major violation, in how many cases the Commissioner, JMC after finding the role of the subordinate officers, Departmental/Penal action against the erring/delinquent subordinate officer (khilafwarzi Officer) with whose tactical consent the minor/major violations were committed has been taken in Green Belt Park and Gandhi Nagar areas”.
The court also directed the Commissioner to provide details whether the Jammu Master plan 2032 permits change of land use in the residential colony of Gandhi Nagar and Green Belt Park.
The Court asked the Commissioner to inform as to what extent the area of the plot can be converted from residential to commercial, if so.
It also asked the Commissioner to inform whether commercial buildings being run in residential areas of Gandhi Nagar and Green Belt Park have any such valid permission accorded by the competent authority in their favour for running such commercial activities.
The Commissioner has been also asked to provide details as to what action has been taken in case of the establishments in which the residential permissions have been accorded and yet the commercial activity is being going on in violation of the permission granted for land use.
