MUJEEB INDRABI Vs. STATE OF J&K

JUDGEMENT

(1.) THE real morality and prosperity is in obedience to law that drives the societal chariot by its troika of rights, obligations and consequences. Misuse of rights or evasion of obligations by resort to machinations coupled with avoidance of consequences in connivance with, or under patronage by, the persons at the helm of affairs is bound to have chaotic repercussions. The cause propounded by this Public Interest Litigation is a paradigm, demonstrative of extreme apathy of the authorities and wanton violation of the municipal laws and the Master Plan of the city of Srinagar having devastating repercussions.

(2.) THE prayers made in the instant Public Interest Litigation are two fold: first, to direct the respondents to make Srinagar hawker free city; and second, to direct the concerned respondents to remove all illegal constructions in Srinagar and, in that regard, to give supervisory powers to the Divisional Commissioner, Kashmir. Presently, we are dealing with only the second prayer made in the petition. It is stated in the petition that Srinagar Municipal Corporation was given the authority to regulate constructional activities in the Srinagar city, but the said Corporation has failed to perform its duties as a result mushroom growth of illegal structures has taken place in the city which has defaced it. It is also stated that such activities have also led to encroachment of State land and the cumulative effect thereof is huge inconvenience to general public, frequent traffic jams, environment pollution, noise pollution.

(3.) VIEWING the seriousness of the issue, more fairly corroborated by none other than the Advocate General of the State, this Court appointed Mr. R. A. Jan, Sr. Advocate as Amicus Curae to assist the Court. We also sought reports from the Srinagar Municipal Corporation and the Srinagar Development Authority. Whereas the Srinagar Development Authority has not so far filed any pertinent report, the Srinagar Municipal Corporation has filed five status reports. In its report filed in response to the Court order dated 22.05.2013, the Srinagar Municipal Corporation, while giving an overview of its working, made certain revealing statements. It was stated therein that: