A CITIZEN Vs. STATE OF J&K

JUDGEMENT

(1.) M . M. Kumar, CJ 1. This Court has been entertaining various Public Interest Litigations highlighting the rampage violations of Master Plan by constructing buildings in the non -conforming areas, raising of constructions on public lanes, agricultural land without seeking permission to change the land use, raising of constructions without obtaining any sanction from the local authorities and blocking the public road/by -lanes etc.

(2.) ON numerous occasions in both Wings of this Court at Srinagar as well as at Jammu, various directions have been issued for sealing or demolishing all such buildings because such violations bring in the regime of lawlessness, defeat the planning, create extreme inconvenience to the pedestrian and infact the law of Jungle prevails. However, the legislature in its wisdom has enacted an Act known as Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014, (for brevity, the Act) which has put a moratorium period on sealing of some of such buildings, which have violated the Master Plan etc. postulating that the moratorium shall remain in force from the date of publication of the Act in the official gazette till 31.03.2015. It is appropriate to mention that the Act has been notified in the official gazette on 05.03.2014 and it has taken effect from that date and it has not given retrospective effect.

(3.) A perusal of the aforesaid order shows that the issue concerning 27 buildings which have been constructed within last two years without obtaining permission from the Municipal Committee was raised before the Supreme Court. Their lordships noticed the contention raised on behalf of the applicants that there were factual errors and on that basis liberty was granted to the applicants to apply to the High Court for review of the order. On account of vacation in the High Court status quo was ordered to be maintained for two weeks from the date of order which was passed by Hon 'ble the Supreme Court on 15.01.2014.