J&K HC Seeks Action Plan On Karan Nagar Commercialisation

Srinagar- The High Court of J&K and Ladakh on Thursday directed the authorities to submit an action plan outlining the steps proposed to implement the recommendations of a committee regarding the unchecked and unauthorised commercialisation of the Balgarden Karan Nagar, Srinagar.

A bench of Justice Wasim Sadiq Nargal passed the order while perusing the report submitted by the Committee, constituted on 21 December last year to conduct a comprehensive survey of the Bal-Garden area regarding residential houses converted into commercial establishments. The panel, formed by Commissioner SMC, comprised Corporation's Joint Commissioner (planning), Chief Enforcement Officer, Chief Anti-Encroachment Officer, Enforcement Officer (Concerned), and Ward Officer, Ward No. 22.

“Surprisingly, while submitting detailed findings identifying several instances of change of landuse zoning/building regulation violations, and violations of building permissions, along with acknowledgment of adverse consequences such as increased commercial activity, unauthorized day-time parking and resultant strain on infrastructure and community spaces, the Committee has nonetheless categorized the report as preliminary, perhaps for the reason to gain time to implement the recommendations,” the court observed, adding,“In light of the findings recorded by the Committee, strict enforcement directions were required to be issued to ensure implementation vis-à-vis violations of building permissions, land-use zoning, and further unauthorized conversions in the area.”

Having admitted the violations, the court said, the Corporation was obligated to take action against the structures which were found non-compliant under the provisions of the J&K Municipal Corporation Act, 2000, Master Plan Srinagar-2035 and JKUBBL-2021.

“The court after having examined the comprehensive report is of the considered view that merely giving findings and conclusions could not have sufficed the purpose of constituting the said committee unless the recommendations are implemented on ground and strict measures are taken with a view to curb such violations and the guilty are brought to book,” the Bench said,“Otherwise the very purpose of constituting the said committee or giving recommendations is a futile exercise”. Accordingly, the court directed the authorities to submit a detailed action-plan in the form of supplementary affidavit within two weeks strictly in terms of the findings and conclusions contained in the Committee's report,“which for all practical purposes stands treated as a comprehensive report”.

“Let a detailed supplementary affidavit be filed within two weeks in the form of an action-plan demonstrating the steps proposed to implement the Committee's recommendations so as to curb unauthorized conversions, violations and illegal parking in the said area”.

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