Srinagar, Feb 20: Jammu and Kashmir High Court has closed as “unnecessary” a Public Interest Litigation which had sought cancellation of all allotments in “Sangarmaal Shopping Complex” here and recovery of all dues as arrears of land revenue so that the amount was used for welfare schemes within SDA’s jurisdiction.
“We do not feel that the Court has to remind the authorities about the implementation of the provisions of law and plans, regulating the development of the cities, towns etc., in Jammu and Kashmir,” said a bench of Justices Ali Mohammad Magrey and Vinod Chatterji Koul.
“The petitioner has come in the PIL with vague pleadings and have not detailed out as to how the public interest litigation is involved, in default of the authority having failed to adhere to the provisions of law,” the court said, adding, “It is for the Government to look into all these matters, which are already regulated by the laws of the land. …the instant petition, being unnecessary, shall stand closed.”
In essence, the court said, the petitioner—Jammu and Kashmir Peoples Forum— was interested in promoting and securing the development of the local area, according to plan.
For that purpose, the court said, the authority has the power to acquire, hold, manage and dispose of land and other property to carry out building, engineering and other operations, to execute works in connection with supply of water and electricity, disposal of sewerage and other services and amenities.
The petitioner, the court said, also sought directions against the Srinagar Development Authority to undertake and regulate of development of city in accordance with Master Plan.
It also sought direction against of officials to regulate the business of the authority regarding allotment of auctioning of shops and business malls in the city of Srinagar in accordance with law and adherence to procedures as established under law, the court said.
