File response to PIL regarding illegal construction of hotel in Gogji Bagh: HC to SMC

Srinagar, Feb 04: Jammu & Kashmir and Ladakh High Court Saturday directed Srinagar Municipal Corporation (SMC) to file response to a Public Interest Litigation (PIL) regarding an illegal construction of a hotel in the vicinity of Gogji Bagh Srinagar.
A division bench comprising Justices Rajnesh Oswal and Mohan Lal passed the direction after noting that the authorities have failed to file any response regarding the issue.
The bench directed the SMC authorities to file response to the plea positively by or before March 1.
Previously, the court expressed its displeasure with the SMC authorities for failing to file an updated compliance report after noting that the report filed by SMC wasn’t upto mark.
“We are at pain to say that the status report filed on behalf of the SMC on August, 16, 2021, is not up to the mark and it fortifies the fact as indicated in the order passed on October 05, 2020, that the officers and the staff of the SMC are in league with the defaulters/violators,” the court said.
The bench had directed the SMC counsel Moomin Khan, to file a better compliance report pursuant to the order passed on October 5, 2020, clearly responding to all the shortcomings which have been pointed out within three days.
“The compliance report should be supported by the affidavit of the Commissioner, SMC,” the bench had directed.
The court had also directed the counsel to indicate the action which was taken on the complaints received by the neighbors or the residents of the area regarding unauthorized construction being raised by the violators.
On October 05, 2020, the court stayed the construction of a hotel in Gogji Bagh while directing SMC to depute a team of responsible officers to take still photographs and video of the present status of construction of the building.
The court had also directed the officials to apprise the names of the Khilafwarzi officers, who remained posted in the area during the period the construction was raised.
Earlier, the Special Tribunal had allowed the building owners namely Habibullah and Rashid Anwar to carry on with the construction without hearing SMC counsel and the inhabitants of Gogji Bagh, Srinagar.
The bench had noted that even principles of natural justice have not been followed as neither the counsel for Corporation was heard nor the applicants who had filed application for being impleaded in the appeal were apprised of the date of hearing.
A plea was filed by inhabitants of Gogji Bagh, Srinagar against the construction of a hotel in the residential area.
The petitioners pleaded that though permission was taken for a Guest House but it was converted into a hotel with no proper parking or other facilities available.
“The same will certainly affect the privacy of the residents in the area,” residents had pleaded before the court.