Court Grants Div Com Time To Provide Ownerships Details Since 1947
Srinagar: Jammu and Kashmir High Court has granted Divisional Commissioner Kashmir time to provide details regarding the ownership rights since 1947 regarding a multi-storeyed commercial building at Rajbagh area of Srinagar which is barely 10 to 15 feet from the banks of the River Jhelum.
The direction by a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta followed perusal of an affidavit filed by the divisional commissioner, informing that a Committee has been constituted by him regarding the structure. Furthermore, the officer said a communication has been addressed to the Chairman Inland Waterways Authority of India regarding the matter.
“The Divisional Commissioner Kashmir is directed to place before this Court the ownership rights with regard to subject land as already directed in terms of our order dated 10th of November, 2020,” the court said and posted the matter on December 1.
The divisional commissioner is required to provide the ownership of the land with effect from 1947, its status after the flooding of Jhelum in September 2014, the constructions permitted to come up on the land with effect from 1947 and the complete details of permissions granted in chronological order.
Meanwhile, a compliance report was filed by Jammu & Kashmir Pollution Control Board (PCB) and after its perusal the court observed it discloses that the builder is proposing to construct a Hotel with the capacity of 48 rooms and a Restaurant facility with a seating capacity of 80 persons.
The court also directed the Irrigation and Flood Control Department, Kashmir to file photographs of the spot and area in the floods of September 2014.
The court also granted time to the Inspector General of Police, Traffic, J&K for filing a compliance report, detailing additional traffic burden and burden on the circulation at the spot which would result in establishing a Hotel with 48 rooms and seating capacity of 80 persons for Restaurant if made functional on the site in question.
Meanwhile, advocate M. A. Qayoom appeared on behalf of Gulzar Ahmad Sheikh who is the builder -owner of the structure.
The court also granted Srinagar Municipal Corporation time to file the reply regarding the permission(s) granted for construction of a multi-storeyed commercial building “which is barely about between 10 to 15 feet from the banks of the River Jhelum. (GNS)
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