JAMMU: The Deputy Commissioners and Superintendents of Police in Jammu and Kashmir will be held responsible if any encroachment is made on public road, street, pathway and lane in their respective districts, the Jammu and Kashmir High Court has ordered.
Taking serious note of the increasing encroachments of public roads and streets in the union territory, the court also directed the J&K Government and Jammu Municipal Corporation to ensure that no structure of any kind is allowed or permitted to be raised on public road, street, pathway and lane.
The order was passed by a division bench of Acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri earlier this week, while asking for removal of any such structure that has been erected or re-erected within a period of last five years.
“Any violation or disobedience of its direction shall be construed as a deliberate and intentional attempt to lower down the authority of this Court and would amount to criminal contempt,” said the court.
The high court passed these directions while hearing a plea against an order of Special Tribunal in terms of which it had quashed the demolition notice under Section 7(3) of J&K Control of Building Operation Act, primarily on the ground that the alleged encroacher, being deaf and dumb was 100% disabled and the Corporation had already accepted monthly rent for the Khokha (shop) existing on a public street.
The Corporation had challenged the order of Special Tribunal, saying that the said person had encroached the public street/municipal lane and installed the Khokha without any permission or authority and without any right, title or interest, in breach of the provisions of COBA.
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