J&K Special Tribunal keeps permission order of six-storey building at Nadir Gund in abeyance

Srinagar, Jul 26: Jammu and Kashmir Special Tribunal Srinagar on Monday recommended rescinding and removal of all illegally constructed structures, if any, at Nadir Gund adjacent to flood channel here for restoring the water body to its natural position.
In a case regarding grant of building permission to six-storey residential blocks at Nadir Gund adjacent to flood channel, the J&K Special Tribunal Srinagar directed for keeping the permission in abeyance.
“Instead of ensuring strict adherence to norms and building laws and other relevant laws, the then Jt. Commissioner, Planning, SMC issued the building permission dated 16.10.2019 by throwing all norms to the wind. Since the aforesaid building permission dated 16.10.2019 has admittedly been issued in violation of all norms and Master Plan-2035 and Govt. Order No. 138-Rev(S) of 2016 dated 07/10/2016 and, moreso, without the approval of competent authority, all proceedings undertaken in pursuance of the said building permission has no foundation and are, therefore, liable to fall to the ground,” the tribunal said in its judgment.
The Tribunal while recommending for ascending the building permission said, “while appreciating the role of Respondent No. 1 (Incumbent Commissioner, SMC) and Respondent No. 2 (Incumbent Jt. Commissioner, Planning, SMC) in discharging their obligations to shape the city in a more profound way, the correct course of action for the said respondents to be adopted in this case, rather than keeping the said building permission order in abeyance/on hold, is to immediately rescind the said building permission dated 16.10.2019 issued by the then Jt. Commissioner, Planning, SMC without any authority and competence and further take necessary steps for ensuring protection and preservation of these water bodies, and restore the wetland in question to its original/natural position as it existed prior to issue of building permission order dated 16.02.2019 read with order dated 16.10.2019.”
“Both these building permissions are colossal violations of Master Plan and contrary to land use, admittedly issued in pursuance of a criminal conspiracy by the perpetrators of this naked fraud.”
The judgement reads that to arrest this growing tendency, which has of late assumed monstrous proportions, the Respondent No. 1 shall maintain liaison with the concerned Revenue Agencies, Vice-Chairman, Srinagar Development Authority and Chief Engineer, Irrigation & Flood Control, Kashmir and other concerned agencies like LAWDA for retrieval/restoration of the wetland in question, by removal of all constructions, if any, raised thereupon surreptitiously in contravention of government instructions, besides being in gross violation of a catena of judgments delivered by the Hon’ble J&K High Court, National Green Tribunal and Hon’ble Supreme Court involving reckless, unregulated and ever increasing conversion of agricultural land for non-agricultural purposes.
“This exercise shall be completed within one week positively by Respondent No. 1 after complying with all statutory requirements and, if necessary, seek necessary assistance from Sr. Superintendent of Police, Srinagar in this behalf. Orders accordingly,” the judgment added.
It further reads that the compliance report should be furnished on or before next date of hearing, which has been fixed on August 02 this year. (KNO)