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HC seeks status report about sealing of complexes sans car parking
10/29/2016 11:04:52 PM
Early Times Report
Srinagar, Oct 29: The J&K High Court has directed the Srinagar Municipal Corporation (SMC) to file a status report regarding the sealing of commercial complexes which lack parking facilities. "SMC and Motor Vehicles Department, Kashmir, will file status and compliance reports before next date of hearing," said a division bench of Justice M H Attar and Justice A M Magrey while hearing a PIL. The bench also directed respondents to perform their statutory and legal responsibility and comply with the earlier order passed by the court in the instant PIL. In January this year, the court had directed SMC to seal all the constructions without basement car parking facilities. In November last year, at least 27 shopping malls in Srinagar were ordered to be sealed by the court, given the lack of parking facilities. Among them, eight were under-construction complexes and as per SMC, which grants permissions for buildings in Srinagar, no provision of basement car parking was maintained by their owners. "The corporation is under statutory obligation to initiate action against these shopping mall owners, which includes demolition of these buildings. Till action in accordance with the law is taken, the SMC shall seal these buildings and send a compliance report," the bench had said.
The SMC commissioner shall be personally responsible for executing the order of the Court, the bench had said.
On September 17, SMC had informed the court that 47 shopping malls had not maintained car parking facilities as was provided in the building permission issued by it. It had also stated that the shopping mall owners were directed to remove the deviations and provide car parking facilities. Subsequently, SMC had said owners of 16 shopping malls had provided car parking facilities in the basements of their complexes. 31 shopping mall owners, however, had not responded to the SMC instructions and were accordingly given a week's time by the corporation to restore the car parking. The SMC also said that out of these 31 commercial complexes, after inspection by the Chief Enforcement Officer and subordinate staff of the Corporation, 19 failed to restore car parking facilities and sealing orders were issued to them by the corporation.
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