HC seeks action plan on commercialisation of Balgarden

Srinagar, Nov 27: The High Court of J&K and Ladakh Thursday sought an action plan for the implementation of the recommendations of a committee to curb unauthorised commercialisation of the Balgarden area of Karan Nagar.

A bench of Justice Wasim Sadiq Nargal ordered for submitting the action plan after going through a report filed by the Committee constituted on December 21, 2024, to conduct a comprehensive survey of the Balgarden area regarding residential houses converted into commercial establishments.

The panel formed by Commissioner SMC comprised the civic body’s Joint Commissioner (Planning), Chief Enforcement Officer, Chief Anti-Encroachment Officer, Enforcement Officer (Concerned), and Ward Officer, Ward No. 22.

With regard to the panel’s report, the court noted that “surprisingly while submitting detailed findings identifying several instances of change of land-use zoning, building regulation violations, unauthorized daytime parking and resultant strain on infrastructure and community spaces, the Committee has nonetheless categorized the report as preliminary, perhaps for the reason to gain time to implement the recommendations.

The Court held that, in light of the findings recorded by the Committee, strict enforcement directions were required to be issued to ensure implementation regarding violations of building permissions, land-use zoning, and further unauthorized conversions in the area.

“Having admitted the violations, the Corporation was obligated to take action against the structures which were found non-compliant under the provisions of the J&K Municipal Corporation Act, 2000, Master Plan Srinagar-2035 and JKUBBL-2021”.

The Court, after examining the comprehensive report said it was of the considered view that merely giving findings and conclusions could not have sufficed the purpose of constituting the committee unless the recommendations are implemented on the ground and strict measures are taken with a view to curb such violations and the guilty are brought to book.

The court directed the authorities to submit a detailed action plan in the form of a supplementary affidavit within two weeks, strictly in terms of the findings and conclusions contained in the Committee’s report.

The action plan to be filed within two weeks has to demonstrate the steps proposed to implement the Committee’s recommendations so as to curb unauthorised conversions, violations, and illegal parking in the area.

The court also directed the Chief Secretary to constitute a Committee headed by Srinagar Municipal Commissioner and other senior officers to fix responsibility upon all officials of the Corporation who were at the helm of affairs at the time when such constructions and violations took place.

The panel, the court said, would identify the officials responsible so that accountability is fastened upon erring officers. The report has to be submitted by the panel by December 26, the next date of the hearing.