Malik Sajid
Srinagar, October 02: In a move to thwart the sprouting of illegal commercial properties in the residential areas of the summer capital, Srinagar Municipal Corporation (SMC) on the directions of the Jammu and Kashmir High Court on Wednesday evening started to seal the ‘illegal’ structures in the city. Out of 39 identified structures, 37 structures were sealed in three days in many areas of the city including Jawahar Nagar and Karanagar localities.
The Jammu and Kashmir High Court had directed SMC to seal illegal constructions in the city within three days which are in violations of section 8 of JK Control of Building Operations Act 1988 (COBA).
Chief Spokesperson of SMC Masrat Yusuf said the enforcing agency of the corporation has constituted three teams to implement the orders.
“The campaign is being supervised by Secretary Hilal Ahmad Wani and Chief Enforcing Officer Hakeem Aijaz besides two executive magistrates and a police team from local police stations,” she said.
On the first day of the campaign, Chief Enforcing Officer Hakeem Aijaz said they sealed 19 ‘illegal’ structures in Jawahar Nagar. The SMC teams had to face resistance from the owners of the buildings who protested and pelted stones on the SMC teams.
“We are facing resistance from them but we will implement court orders,” he added.
Amid stone-pelting and sloganeering, the authorities on day 2 continued to seal the “illegal” commercial complexes and sealed six more structures.
Half a dozen structures include a prominent shopping mall, Madina Complex in Karanagar area was sealed by the SMC officials.
On day 3, the drive had to be called off more than three times owing to stiff resistance from the owners of the buildings. However the team, with the assistance of SHO Parimpora succeeded in sealing eight more structures violating the master plan out of which five were commercial complexes.
“Two structures- one at Jawahar Nagar and other at Hyderpora- had to be left unsealed due the stay order passed by the High Court in the said cases,” said Masrat Yusuf , Chief spokesperson of SMC.
Meanwhile businessmen from many areas of Srinagar protested against the selective demolition drive by the SMC. The businessmen alleged that the illegal properties of some influential people were spared in the demolition drive.
The effected persons protested in Press colony against Srinagar Municipal Corporation against the sealing of the buildings and alleged favoritism.
“The Master plan was not violated overnight but we are working here from past two decades,” said Farooq Ahmad a protesting businessman whose building has been sealed.
“We are registered with SMC, PDD, Labor and other departments. Why we were not told that time that its violation of master plan?” fumed Farooq Ahmad.
Protesters alleged that two years before SMC issued Show Cause notices to only 45 building owners among thousands of ‘violators’.
“We would have moved to court but courts are off today due to holiday. We are helpless,” they said.
On the directions of High Court, SMC on Tuesday proceeded on the Show cause notices after four years.
“The reply submitted in response to Show Cause notice is not satisfactory as structure had come up in violation of master plan hence recommended for sealing,” reads one of the orders from Commissioner SMC.
It is pertinent to mention that show-Cause notices were issued on March 16, 2009.
“In exercise of powers delegated by the Building Operations Controlling Authority (BOCA), and communication to me by BOCA and in compliance to the directions of honorable court, I hereby order to seal the premises and put the sealed structure on superdari of Joint Commissioner and Chief Enforcement Officer SMC,” reads the sealing order.
On September 30, High Court had directed SMC to seal illegal constructions in the city within three days.
The Division bench of Chief justice MM Kumar and Justice Ali Mohammad Magrey directed SMC to swing into action to make appropriate steps to deal with the violations of section 8 under JK Control of Building Operations Act 1988 (COBA).
“As per the show cause notices already issued by the corporation, the needful shall be done within three days,” Court orders.
The learned counsel representing SMC had pleaded before the court to extend the date for implementing the order saying that it will create Law and Order problem. However court denied the plea and directed the Director General of Police to provide help to SMC if he is asked for the same while sealing the illegal buildings across the city.
Counsel for petitioners, FA Parray submitted before the court that SMC has issued notices against only 45 violators saying there are more than 40000 violations in Srinagar.
Advocate Firdous Ahmad informed the court that the corporation issued demolition orders of the illegal structures on March 16, 2009, “however no action was taken after that,” Ahmad told the Court.
Court expressed surprise over SMC’c another show cause notice which has been issued in June this year. “We fail to understand as to why after passing demolitions orders on 16/03/2009, a necessity of issuing another show-cause notice on 22/06/2013 was felt,” the bench observed.
In 2009, SMC had issued show cause notices to various violators for sealing of commercial complexes under section 8 of COBA-1998.
Court asked authorities to submit status report on fourth day (Friday).
The bench further said that no other court should entertain any litigation belonging to the subject matter. “It has been observed in all PILs that this court is ‘Custodia Legis’ and no other court should entertain the PIL regarding the matter”
Court directed to transfer all such litigations to High Court.
“Additional District judge and tribunal, Principal District judge, 3rd additional judge appears to have entertained some litigations as is indicated in the petition, they shall be transferred to high court,” the court said.