Early Times Report
Srinagar, Jan 5: Observing that nobody should be allowed to ride roughshod over the civic rights of general public, a division bench of the state high court has ordered sealing of the commercial complex owned by former Congress minister Taj Mohiudin near Residency Road, Srinagar.
The Srinagar Muncipal Corporation (SMC) had issued a notice to the former health minister on September 3, asking him to restore car parking in his complex. He, however, declined it, saying the matter was sub-judice in the high court (OWP No 1757/2012). Subsequently, the division bench comprising Justice M H Attar and Justice A M Magrey ordered to club his petition with the PIL. Upon hearing it, the bench vacated single bench's December 27, 2012 order with a direction to the SMC to seal the complex till further orders of the court.
"The petitioner, who has raised the commercial complex in pursuance to the permission, cannot, after seeking benefit of civic laws and the permission granted to him, turn round and challenge the very law when action under it is initiated against him for committing its violation," the court said, underlining that no person can he permitted to "reap benefit" of his illegal actions. "It, prima facie, appears that the J&K Civic Laws (Special Provisions) Act, 2014, do not extend protection to the type of violations, which the petitioner has committed and when his case stands decided by the quasi-judicial authority (tribunal) much before coming into force of the Act," the court said, directing SMC to seal the commercial structure. It directed that the same shall remain "in such condition till further orders from the court".
The bench also directed SMC commissioner to give exhaustive list of all the existing commercial complexes or structures in Srinagar. "The SMC commissioner will give full details about the vehicle parking facilities provided in these commercial complexes/structures," the court said and directed to provide the list within one week before the court's Registrar Judicial.
"In the meanwhile, any other commercial complex/structure which is found without vehicle parking facility shall be sealed by SMC and compliance report be filed before the next date of hearing, ie December 28."
The court also appointed Municipal Magistrate (Sub-Judge), Srinagar, as commissioner to verify veracity of a compliance report by SMC regarding 12 commercial complexes which the civic body stated that they had provided functional basement parking.
"The (commissioner) will visit the sites of the 12 commercial complexes and find whether they have actually provided functional car parking facilities," the court said and directed him to file status report before the next date of hearing.
In another csase, in response to the order dated 26 November, 2015, the counsel for Indian Oil Corporation submitted that the Auto LPG Dispensing Station (ALDS) will be commissioned in the Srinagar City in April 2016 subject to the permission/no objection to be granted by the concerned authorities. He also submitted that IOC had already initiated the process for installation of Auto LPG Dispensing Station (ALDS).
"The IOC shall take steps for obtaining necessary permissions, no objection from the concerned authorities by approaching them within one week from today. The concerned authorities shall pass necessary orders for grant of permission/no objection in accordance with rules within two weeks time," the bench said. |
