At a time when Srinagar Municipal Corporation (SMC) is too busy in sealing workshops and commercial structures that have come up in a brazen violation of Master Plan, the SMC surprisingly despite terming the reply submitted by the proprietors of Land Mark Commercial Complex located in Karan Nagar as unsatisfactory delayed the process and did not seal it. As per the order, the building was supposed to seal on Nov 2 of this month but no seriousness was shown to implement the order by the SMC officials due to reasons best known to them. The proprietors of the said Commercial Structure after taking the advantage of delaying process have reportedly approached the Supreme Court of India for interim relief while the SC has permitted them to file SLP (Special Leave Petition).
The order copy of Commissioner SMC in possession of CNS shows that under section 8 of J&K Control of Building Operations Act, 1988, SMC had issued a show cause notice against the proprietors of Land Mark Complex situated at Karan Nagar for converting residential house into a commercial structure.
The SMC order duly signed by Commissioner Srinagar Municipal Corporation reads, “that for conversion of residential house into a commercial structure in violation of the Master Plan in vogue, a show cause notice was issued issued against you (proprietors) vide number SMC/Enf/16063-16072 dated 5-10-2013 for sealing of the said structure. The reply submitted by you in response to the show cause notice was considered and deliberated upon by a committee of officers constituted vide number 975 of 2013 dated 20-6-2013 which met 28-10-2013.”
The SMC order states that, “the reply submitted in response to show cause notice is not satisfactory as structure had come up in violation of Master Plan in vogue, hence recommended for sealing.”
The order further states that, “therefore in exercise of powers delegated under the Building Operation Controlling Authority and communicated to me (Commissioner SMC) by Secretary BOCA vide number SMC/BS/Delegation/590-64 dated 24-9-2008, i, Commissioner SMC, hereby order to seal the premises and put the sealed structure on “Superdari” of Joint Commissioner (P), Chief Enforcement Officer, SMC and SHO police station Karan Nagar.”
Sources said that SMC while leaving no stone unturned to seal the other shopping complexes located in Jawahar Nagar, Karan Nagar and Shalateng deliberately delayed the sealing process and gave ample time to the proprietor of the Complex to approach the Supreme Court.
Despite repeated attempts, Commissioner SMC could not be contacted while a top official of the Corporation refused to comment on the issue.
Meanwhile, the proprietors after approaching SC have succeeded in putting the sealing order of the SMC in abeyance. After appearing on behalf of the petitioners Advocate Mukul Rohatgi, Advocate Yawar Masoodi, Advocate Muhammad Iqbal Dar and Advocate Mishra Saurabh the SC in its latest direction said that,“till final decision being taken in the proposed application filed by the plaintiff (proprietor of Land Mark Complex), the order of sealing dated 2nd November 2013 shall be kept in abeyance.”