PIL seeking demolishing of illegal constructions, unauthorized buildings at Patnitop

DB directs CEO PDA to file response failing which cost shall be imposed

02/10/2018

JAMMU, OCT 1: In a Public Interest seeking to initiate action against the defaulters and demolish the illegal constructions and unauthorized buildings at Patnitop which have been raised without any permission and are being raised without any permission and also, against the illegal constructions and buildings who have violated the building permission granted by the authorities appointed under Building Control Act, 1988 and which are in contravention of the provisions laid dovm in the Master Plan which came into operation vide SRO bearing No. 117 dated 25.04.2000.
Division Bench of the State High Court Comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma today after hearing Adv Amit Bhardwaj for the PIL whereas AAG FA Natnoo for the state, directed Chief Executive Office Patnitop Development Authority to file response in terms of order dated August 28, 2018 (whereby Division Bench directed CEO PDA to file an affidavit, reflecting therein the details regarding the encroachment, if any, and illegal construction raised in the areas falling within the jurisdiction of Patnitop Development Authority before October 1, 2018) within a period of two weeks, failing wghich cost shall be imposed upon respondet, which shall be paid by him from his person.
In the PIL submitted that for the last more than 13 years and has been a witness to mushroom growth of Hotels, Guest Houses, Lodges which have been mostly constructed after coming into operation of the master plan for Patnitop Development Authority Kud which came into operation on 25.04.2000 vide SRO bearing No. 117 and 70% of the buildings which have been constructed and which are being constructed in Patnitop area in the shape of Hotels, Restaurants, Guest Houses and Lodges have been illegally and unauthorizedly constructed on green buffer areas, forest land. State land/kahcharai land etc. and the provisions and guidelines laid down in the master plan for Patnitop area have been violated with impunity and the respondents have not taken any concrete action against the said violations and even, illegal and unauthorized buildings have been raised in Patnitop area without any permissions from PDA, Kud and many illegal and unauthorized buildings have violated their building permissions and have constructed structures by covering 100% of the plot , area and even more than six floors have been constructed by defaulters who have raised illegal and unauthori:^ed constructions by violating the provisions made in that regard in the master plan.
He further submitted that the respondents which are none else than the agencies of the State; have failed to perform their statutory and administrative duties and have acted in an arbitrary and unconstitutional manner in exercise of their power and the said State authorities i.e. the respondents in connivance with the defaulters have abused the process of law and have failed to enforce the provisions of law in Patnitop area due to which the environment in Patnitop area has been damaged and ecological balance has been disturbed and the menace of illegal buildings and constructions being raised in green buffer areas, kacharai land, forest land etc. has not stopped rather the illegal constructions and violations in the Patnitop area are increasing day by day without there being any check on it.
The defaulters/violators who are raising illegal and unauthorized constructions/buildings in Patnitop area have violated with impunity the provisions made in that regard in the master plan and even green deodar trees are being cut due to which the forest cover is depleting and ecological balance in the area has been disturbed but the illegal constructions and buildings are still being raised without any permissions from any quarters and the respondents are not taking any action in the matter and rather have shut their eyes to the destruction being done in Patnitop area by the said illegal and unauthorized constructions due to which the environment in Patnitop Hill Tourist Resort has been deteriorating day by day but no action is being taken by any of the respondents. JNF

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