The Srinagar Municipal Corporation has reacted to the statement of Khalida Shah and said that no written complaint was ever received by Srinagar Municipal Corporation from the complainant (Khalida Shah) till date. However, a number of phone calls were received by SMC officials, alleging that illegal construction is taking place inside the premises owned by Omer Nedou and Family.
The SMC statement reads “we would like to put on record the facts about the issue on the statement, which has appeared from Khalida Shah, as per press reports. The complaint is addressed to Government (Hon’ble Chief Minister).The impression was that construction is of very massive dimension and accordingly as a matter of routine, the Enforcement Department of the SMC got into standard operational readiness for action, under law as is a routine, after such complaints are received. But to ascertain the facts on the ground, the Divisional Town Planner of the Planning Division of the SMC, visited the site and informed that it is not exactly the new or major construction, but in fact is a re-construction/repairs of an old structure.”
The statement also reads that as per reports, the old structure was located exactly at the edge of the boundary wall of complainant’s house and was in existence since last few decades. The premises owner Nedou decided to reconstruct/repair the said structure with plinth area of 812 sft with about 7’-6” set back towards the boundary wall of the complainant. This set back of 7’-6” was decided by two neighbours through mutual consultations and understanding, the evidence there-off was also presented before the DTP of the SMC. Subsequently the Commissioner, SMC also paid a visit of the premises of both the parties and also took photographic evidence and also had consultations and counselling with both the parties. The Commissioner, SMC advised the premises owner that even if it is as per his version a small and reconstruction of the decade old structure, the permission is obligatory from the competent authority under law.
The statement further reads that accordingly Nedou has submitted the papers for seeking approval from the competent authority and after due diligence, by the Planning Wing of SMC, it was decided that height of the structure should not be more than height of the wall between the premises owner and complainant. The height of the structure has to be maintained 10’-6” above ground level and the roof truss shall not be more than 2’-6” in height. This makes the total height of the structure 13’-00 upto ridge top, which is almost height of the existing boundary wall of the complainant. The fee of Rs. 2,786/- @Rs 3/per sft as per norms applicable to constructions in this area was assessed. The approval was accordingly granted as conditioned above.
Further during course of inspection by the officials of Planning Division of SMC, a number of structures (bunkers, huge boundary walls etc.) have been constructed in the premises of both sides over the period of time, apparently, through mutual understanding, as no complaint is on record with SMC on account of these unauthorized constructions.