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| Close aide of MoS H&UDD violates municipal laws with impunity, police also fails to deliver | | Court orders not honoured, Chief Khilafwarzi Officer blames complainant, bails out violator | | Jehangir Rashid
Early Times Report
SRINAGAR, Aug 16: Srinagar Municipal Corporation's claims of acting against the violators of Municipal Laws are falling flat since the Corporation has failed to act against a person who is said to be close to Minister of State for Housing & Urban Development Department, Mohammad Ashraf Mir.
After the devastating flood of September 2014, Mohammad Latif Sofi moved an application with SMC seeking permission for carrying out repairs of his flood damaged house in the Baghi Sunder Payeen locality of Chattabal area. On 4-12-2014, the SMC issued the permission in favour of Latif and he was asked not to keep windows towards the four feet lane in the area. The permission was given with respect to carrying out repairs of two storey house under order number 516 of 2014.
Three months down the lane in March 2015, Latif in connivance with some of the SMC officials moved yet another application for carrying out repairs of the same house. This time the permission was granted under order 2056 of 2015 dated 24-3-2015. However, this time around the applicant was not asked to keep the side facing towards the lane in the locality as blind.
Feeling aggrieved a neighbour of Latif namely Imtiyaz Ahmad Bhat moved an application with the concerned authorities asking them how could two permissions be granted to Latif for carrying out repairs of the same house.
Accepting that a blunder has been done, Divisional Town Planner (Floods) directed the Station House Officer (SHO) Safa Kadal to register an FIR against Latif and an approved draughtsman of the SMC. The blunder was also acknowledged by Joint Commissioner (Planning) SMC and he in his correspondence to Chief Enforcement Officer, SMC under correspondence number SMC/PS/JCP/460-65 stressed the importance of handling the issue on priority.
"The applicant Mohammad Latif Sofi has fraudulently obtained two building permissions under fast track flood category issued under order number 516 of 2014 dated 4-12-2014 and order number 2056 of 2015 dated 24-3-2015 for one and the same structure at Baghi Sunder Payeen Chattabal, Srinagar in connivance with Zahoor Ahmad Wanchoo approved draftsman, SMC Licence number 02 by concealing the facts & submitting fabricated plans, giving false affidavits deliberately and intentionally, as such, FIR may kindly be lodged," wrote Divisional Town Planner (Floods) for Joint Commissioner (P) SMC on 19-05-2015 under correspondence number JCP/SMC/2021-24.
Despite the acknowledgement of 'guilt' by top notch SMC officials no action whatsoever was taken by the concerned officials. This forced the complainant to move the court in order to seek justice as his house is located on the opposite side of Latif's house in the four feet lane. Pertinently, SHO Safa Kadal lodged FIR number 24/2015 under section 420/109 RPC.
Acting on the complaint, Chief Judicial Magistrate (CJM) Srinagar, V S Bhou directed Commissioner SMC to exercise his powers and stop the illegal construction forthwith. The CJM directed SHO Safa Kadal to take action in case Commissioner SMC failed to do his job.
"Commissioner Municipal Corporation is directed to exercise his jurisdiction to ensure that illegal construction is stopped forthwith, in light of the FIR lodged into the matter, letter of accused permission is also filed. In case Commissioner failed to discharge his duty as conferred upon him by virtue of Act, SHO P/S Safa Kadal shall stop the illegal construction which is outcome of fraud played by the accused party as is ascertained from FIR and documents on record," wrote CJM Srinagar in his order dated 04-06-2015.
Before the issuance of this order, Joint Commissioner (P) in order to save the skin of the violator issued an order under which it has been written that the violator was under tremendous stress and it was due to this reason he applied twice for the permission.
"The applicant vide his representation duly endorsed by Minister of State for Industries & Commerce, PDD and H&UDD prayed that he being under tremendous stress due to recent flood and being unaware and ignorant about the procedure for obtaining fresh building permission for the same site has requested for cancellation of the earlier issued building permission vide order number 516 of 2014 dated 04/12/2014 and may be allowed to continue to the restoration work of his flood damaged house as per the latest permission issued vide order number 2056 of 2015 dated 24-03-2015," wrote Joint Commissioner (P) SMC in his order number JCP/SMC/162-65 dated 27-05-2015.
The Joint Commissioner further writes in the order, "Now taking into consideration the documents and court orders submitted by the permitee, a lenient view of the stressful circumstances caused to the applicant due to recent floods the building permission issued under order number 516 of 2014 dated 04/12/2014 is hereby withdrawn and the building permission issued vide order number 2056 of 2015 dated 24/03/2015 for restoration of flood damaged residential house shall remain in force."
Early Times has learnt from sources that Latif was asked by the SMC officials to apply for the second permission since they received hefty sum from him. It was only after this that second permission was approved while as the first one was rejected. As a result of this Latif has constructed four storey house with windows towards the four feet lane also existing.
When contacted, Chief Khilafwarzi Officer, SMC, Manzoor Ahmad blamed the complainant and said that he the complainant is misleading both the SMC officials as well as media. Manzoor said that complainant has himself done wrong and he is falsely implicating Latif in the case.
"Latif has resorted to a minor deviation under which he has constructed two small rooms of eight by eight feet. He has also not done any wrong by keeping windows towards the four feet lane. This is a minor issue but the complainant is blowing it out of proportions and he is misleading you as well," said Manzoor while talking to this correspondent of Early Times. |
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