Ensure construction in Pahalgam under 'master plan’ : HC to Govt
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Ensure construction in Pahalgam under 'master plan’ : HC to Govt

Post by Syed Rukaya on Saturday, December 31, 2022

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Srinagar, Dec 30: The High Court of Jammu and Kashmir and Ladakh Friday directed the government authorities to ensure that the construction in the Pahalgam area is done strictly in accordance with the new Master Plan and steps be taken to remove the illegal encroachments, if any, by following due process of law.
 
Closing down a Public Interest Litigation (PIL) on the protection and preservation of Pahalgam health resort filed by Pahalgam People's Welfare Organisation challenging Master Plan 2005-2025 issued by the Pahalgam Development Authority (PDA), the court granted liberty to the petitioner organisation to point out individual violations and seek appropriate remedial measures as may be permissible under law.
Regarding the renewal of the expired and subsisting leases, a division bench comprising Justices Sanjeev Kumar and M.A Chowdhary was informed that new Rules under the Land Grants Act, 1960 have been promulgated and those Rules would govern all those matters or structures which were also raised during the course of the PIL. 
The bench passed the rulings after the government counsel, IllyasLaway, informed it that the Master Plan which is challenged in the petition is no more in vogue and has been replaced by new Master Plan Pahalgam 2023.
"In view of the aforesaid submission, this petition on the face of it is rendered infructuous and perhaps because of this reason there is no representation on behalf of the petitioner," the court said.
The bench observed that from past two hearings there was no representation on behalf of the petitioner.
"Today also, when the case was called out nobody turned up on behalf of the petitioner to represent the petitioner," it noted while disposing of the PIL.
Previously, the court had directed the Revenue department and PDA to initiate proceedings in accordance with the law for the cancellation of the manipulated gift deeds as also the change of land use as may be advised to them in law and report about action taken if not done so far.
In this connection, a compliance report filed by the Committee, which was constituted to scrutinize the sanctity of the mutation order No.1503 of estate Laripora, Tehsil Pahalgam, headed by the Assistant Commissioner Revenue, Anantnag, revealed that land measuring 43 kanals 18 marlas was transferred by oral gift and on that basis the said mutation entry was carried out in gross violation of sub-section 2(c) of Section 5 of J&K Alienation of Land Act, 1995, now repealed.
In addition to it, the report revealed that land measuring 23 kanals 27 marlas under various survey numbers was also shown to have been transferred to the donees by virtue of the aforesaid mutation.
The said land on spot is under physical possession of some third party other than the donees. 
Accordingly, as per the directions of the court, the mutation entry 1503 of estate Laripora, Tehsil Pahalgam, was quashed vide order dated June 28, 2021.
As per the pleadings before the court, it was alleged a committee of some officers was constituted in 2004 to prepare the Master Plan for Pahalgam, the plan was allegedly prepared to pave the way for some influential people to acquire land and go for illegal constructions.
It was alleged that while the plan was being formulated, some top bureaucrats acquired land in ecologically fragile areas with the help of the land mafia and in their personal interest managed to designate these areas as permissible in the land use map of the Master Plan.
It was further alleged that the land across the Sheesh Nag Nallah and Manipal Nallah in Chanhaji, a virgin area falling in the forest covered foothills was allegedly declared permissible without getting comprehensive feedback, the residential areas of Rinzipal and Bradihaji on the other side of Nallah has been declared non-permissible zone.
The committee allegedly resorted to misrepresentation, manipulations and distortions whereby it proposed that sub zone A-14, an inaccessible area on the other side of Sheesh Nag Nallah, be de-notified to permit construction of hutments and other facilities while ignoring the sub-zone A-13 having sizeable population and being contiguous with the already de-notified area
Accordingly, the investigation in an FIR registered in 2008 led by the Anti-Corruption Bureau (ACB) had found the role of the then Chief Town Planner, Kashmir, Mir Naseem Ahmad as doubtful.
The ACB had stated that in the year 1991, he had dishonestly and fraudulently acquired about 29 kanals and 13 marlas of land in planning Sub-Zone A-14 through oral gifts shown to have been made by donors to his close/trusted supporting employees and his associates.
The charge sheet was submitted and the trial court vide order dated February 6, 2016 framed the charge against the accused persons including other officials.
It was stated that the then Chief Town Planner Mir Naseem, Nazir Ahmad Magrey (Assistant Town Planning Organization) and Hamid Ahmad Wani (Joint Commissioner Planning SMC) along with land mafia and influential hoteliers having nexus with bureaucrats working in the constituted PDA designed the Master Plan to serve their personal interests.
These officials, as per the pleadings, "dishonestly and fraudulently" acquired huge land at Pahalgam which arbitrarily induced a sharp increase in the value of the land.
The pleadings further reveal that the BOCA issued permissions for construction of hotels, guest houses and huts in favour of influential permission holders and they were allowed to construct their buildings as per their own wishes by committing open violation of building bye-laws.
It was further averred that the demarcation of PDA land arbitrarily for the purpose to serve the interest of the bureaucrats and land mafia in the area had not only defeated the purpose of the Master Plan but also caused huge problems to people related with tourism and agriculture.
 
The court had noted that pursuant to the FIR, investigations were completed and charge sheet was submitted but the charge sheet was quashed by the High Court and the matter is now sub-judice before the Supreme Court.
"In regard to the quashing of the Master Plan 2005-2025, it is stated in the order that a new and revised Master Plan 2015-2032 has been enforced. The prayer for reframing of the Master Plan no longer survives," the court had said.