Srinagar: Jammu and Kashmir High Court has asked LAWDA to take a call on 50-bedded AYUSH Hospital at Shalimar here, leaving it open for the authority to decide even on demolition or sealing of the construction.
Disposing of an application by Director ISM, a division bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul observed that the plea reveals that the erstwhile State of J&K vide order dated 15th December 2010 had transferred the State land measuring about 15 kanals of the Estate Harwan Srinagar (North) in favour of Health & Medical Education Department for establishing the hospital of Indian Systems of Medicines (ISM).
The department submitted the Detailed Project Report (DPR) which was duly sanctioned and approved at the construction cost of Rs. 677.43 lakhs. Accordingly, the department applied to the LAWDA on 20th September 2013 for granting permission for the construction of 50-bed AYUSH Hospital but the LAWDA failed to decide the application and communicate any order.
Thus in accordance with the Regulation 7(iii) of the Control of Building Operation (Revised) Regulations 2001 on the expiry of the maximum period of 90 days from the date of application and completion of requisite formalities, the building was constructed which is almost complete except the interiors, treating the permission to have been granted, the plea reads.
In the meantime on 14th October 2015, an order came to be passed by the court, holding the construction of the AYUSH Hospital unauthorized for being raised in violation of Master Plan. Accordingly, AYUSH Hospital was sealed.
B. A. Dar, Sr. AAG submitted that the AYUSH Hospital was completed on the basis of the “deemed permission” and therefore its sealing on the basis of the high court order was “unjustified, more particularly when the order has been passed behind the back of the department.”
However, advocate Asifa Padroo submitted that the Director ISM was informed by the LAWDA on 25th September 2013 not to undertake any construction for not obtaining “No Objection Certificate” from the various departments and as such Regulation 7 (iii) of the Regulations would not come into play and there would not be any deemed permission in favour of the department.
“…..we are of the opinion that the matter as to whether the application of the department for grant of permission stands granted and the construction of the AYUSH Hospital is in accordance with the sanctioned map, if any, requires to be considered afresh by a speaking order, uninfluenced by any finding or observation recorded by the Court whereupon it will be open for the LAWDA to take appropriate action either under Section 7 (providing for demolition) or Section 8 (provising for sealing) of the Act in accordance with law,” the division bench said. (GNS)
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