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| HC’s directive on illegal constructions at Katra | | | Early Times Report
Jammu, Apr 7(JNF): In a PIL regarding illegal constructions being carried around Railway Station at Katra, a high court division bench of Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal today directed KDA that it should give 48 hours to all the violators including those whose buildings had been sealed, for explaining as to why they had raised constructions without permission and thereafter to proceed in accordance with sub-section 3 of section 7 of the Act and to pass appropriate orders thereon as shall be warranted.
The bench also directed that the sealing of the buildings as ordered by this court would remain in force till the authority took appropriate decision depending on the facts and features of each case in accordance with the provisions of the Act.
The bench directed that the aggrieved parties may have a right to work out their remedy, which includes to invoke the power of the appellate authority, thereafter to invoke power of this court under Article 226 of the Constitution.
It observed that the advocate appearing for the PIL had submitted that that there was a chance of matter getting again derailed as the authority concerned may not show that much of vigilance in dealing with the matter, the result of this long drawn PIL after such a great effort would get adversely affected, therefore, some mechanism is to be evolved to ensure the action against the encroachers within some time frame as may be warranted in accordance with the provisions of the Act and appropriate orders are passed with promptitude.
The bench directed that the authorities concerned shall initiate the process immediately on receipt of the copy of this order and after two months they will submit the report in a tabulated form wherein it shall be clearly indicated serial-wise as to how many violations are existing then what was the action taken and what is the final status and further directed that make it clear that in case the authorities, who are in position, irrespective of their levels, show any type of laxity or indolence shall have to appear in person on the next date to explain their conduct.
It observed that regarding second category of illegal construction, which have come up in violation of the Master Plan, 41 cases were identified, list of which, has been prepared by the Katra Development Authority wherein details have been given and in most of the cases, it is recorded that notices have been issued and in some cases, construction has been stopped. When such notices have been issued, secondly then what action has been taken against such violators, is not clear and directed Chief Executive Officer, Katra Development Authority shall file an affidavit wherein he shall clearly indicate as to what is the present status and what follow up action has been taken against the violators.
The bench observed that KDA had also prepared a list of 339 buildings which had been raised without its permission. When these constructions were raised, KDA was not in existence. For such construction, permission has been granted by the concerned Block Development Officer but noticing all such buildings to have come up in violation of the Master Plan, the matter has been referred to Administrative Department for further action but till date no such action has been taken.
It is the submission of Additional Advocate General that J&K Civic Laws (Special Provisions) Act, 2014 provides for relaxation which was operative till March 31, 2015 but now its life is being extended upto December 31, 2015. The bench deferred for consideration in this connection till next date. |
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