J&K Special Tribunal asks SMC to restore water body

SRINAGAR: The Jammu and Kashmir Special Tribunal has directed Srinagar Municipal Corporation (SMC) to work along with other concerned departments to retrieve and restore the Doodhganga water body to its original position.
The directions were passed in wake of the illegal construction that is coming up at irrigation Khul at Toiba Colony-Nadrigund Peerbagh, Srinagar.
The News Now last week had carried a story on illegal construction that was being carried on wetland and how building permits were issued to the owner without getting NOC from Irrigation and Flood Control Department Kashmir. The building owner from Srinagar was laying construction for basement plus six storeyed residential flats consisting of eight blocks.
Meanwhile, Asif Hamid Khan (KAS) Member Bench-III Jammu and Kashmir Special Tribunal in a judgment today said, “Instead of ensuring strict adherence to norms and building laws and other relevant laws, the then Jt. Commissioner, Planning, SMC issued the building permission dated 16.10.2019 by throwing all norms to the wind”.
“The said building permission dated 16.10.2019 also makes a mention of another building permission previously granted to the applicant vide Order No. 3701 of 2019 dated 16.02.2019 in respect of the land in question. The relevant record of the case relating to Order No. 3701 of 2019 dated 16.02.2019 has not been linked with the record submitted by respondents before this Tribunal vide letter No. SMC/JCP/292 dated 10.06.2021”, the judgment reads.
“Since the aforesaid building permission dated 16.10.2019 has admittedly been issued in violation of all norms and Master Plan-2035 and Govt. Order No. 138-Rev(S) of 2016 dated 07/10/2016 and, more so, without the approval of competent authority, all proceedings undertaken in pursuance of the said building permission has no foundation and are, therefore, liable to fall to the ground”, it added.
While appreciating the role of incumbent SMC Commissioner and SMC Joint Commissioner Planning the tribunal said, “In discharging their obligations to shape the city in a more profound way, the correct course of action for the said respondents to be adopted in this case, rather than keeping the said building permission order in abeyance/on hold is to immediately rescind the said building permission dated 16.10.2019 issued by the then Jt. Commissioner, Planning, SMC without any authority and competence and further take necessary steps for ensuring protection and preservation of these water bodies, and restore the wetland in question to its original/natural position as it existed prior to issue of building”.
The Tribunal further said, “To arrest this growing tendency, which has of late assumed monstrous proportions, the Respondent No. 1 (SMC Commissioner) shall maintain liaison with the concerned Revenue Agencies, Vice-Chairman, Srinagar Development Authority and Chief Engineer, Irrigation & Flood Control, Kashmir and other concerned agencies like LAWDA for retrieval/restoration of the wetland in question, by removal of all constructions, if any, raised thereupon surreptitiously in contravention of government instructions, besides being in gross violation of a catena of judgments delivered by the J&K High Court, National Green Tribunal and Supreme Court involving reckless, unregulated and ever-increasing conversion of agricultural land for non-agricultural purposes”.
It added, “This exercise shall be completed within one week positively by Respondent No. 1 (SMC Commissioner) after complying with all statutory requirements and, if necessary, seek necessary assistance from Sr. Superintendent of Police, Srinagar on this behalf”.
The tribunal also states that since land patch is huge of 25 kanals and that too abi awal, therefore, it should have got through the proper process for conversion of land use with conversion fee deposited in the revenue department, and as such, the case should have been accepted from Asstt. Commissioner (Revenue) than simply from Tehsildar concerned.
The land patch being in close vicinity/adjacent of the flood channel, there should have been necessarily NOC from Irrigation & Flood Control. The land patch is not built up but is an orchard at the site. The land patch seems to have been retrieved from the wetland by earth filing and then planted fruit trees. The specific land use of the site in question is Paddy field as per Master Plan-2035 and not residential. The building permission has been granted in haste and without application of mind, Rules/regulations have been floated (flouted) grossly, it said.