HC seeks information from Div Com about ownership of land
Hotel on Jhelum Banks in Rajbagh…
Srinagar: The J&K High Court on Monday reiterated its direction to Divisional Commissioner Kashmir to place before it the ownership rights with regard to the land on which a multistory building is being constructed near the banks of River Jhelum at Rajbagh.
“The Divisional Commissioner Kashmir is directed to place before this court the ownership rights with regard to subject land as already directed in terms of our order dated 10th of November, 2020,” directed a division bench of the High Court.
The court was informed through an affidavit by the officer that a committee has been constituted with regard to its directions passed on 10th of November.
Furthermore, the affidavit stated that a communication has been addressed to the Chairman, Inland Waterways Authority of India about any permission received from it by the builder for construction.
The court had previously directed the Divisional Commissioner to file an affidavit on record with regard to the ownership of the land with effect from 1947 on which the construction is coming up.
It had also directed “filing of the status of this land after the flooding of River Jhelum in September 2014, detailing therein what happened to the land and extent to which it was flooded in the occurrence.”
Meanwhile a compliance report has been filed by the Jammu & Kashmir Pollution Control Board saying that the builder is proposing to construct a hotel with a capacity of 48 rooms and a restaurant facility with a seating capacity for 80 persons.
The court directed the official advocate to file compliance on behalf of Chief Engineer, (Jal Shakti) Irrigation and Flood Control Department, Kashmir before the next date of hearing.
The department has also been asked to file photographs of the spot and area in the floods of September 2014.
M A Qayoom, counsel entered appearance on behalf of Gulzar Ahmad Sheikh, the builder and owner of the hotel at the site. He prayed for a short adjournment to place the response.
The court directed him to file reply within 10 days from today.
Time was sought by the senior additional advocate general to file the report on behalf of Inspector General of Police (IGP), Traffic, J&K.
“The IGP Traffic shall take into consideration the additional traffic burden and burden on the circulation at the spot which would result in establishing a hotel with 48 rooms and seating capacity of 80 persons for restaurant if made functional on the site in question,” directed the court.