Ali Mohammad Magrey, J.

The real morality and prosperity is in obedience to law that drives the societal chariot by its troika of rights, obligations and consequences. Misuse of rights or evasion of obligations by resort to machinations coupled with avoidance of consequences in connivance with, or under patronage by, the persons at the helm of affairs is bound to have chaotic repercussions. The cause propounded by this Public Interest Litigation is a paradigm, demonstrative of extreme apathy of the authorities and wanton violation of the municipal laws and the Master Plan of the city of Srinagar having devastating repercussions. The prayers made in the instant Public Interest Litigation are two fold: first, to direct the respondents to make Srinagar hawker free city; and second, to direct the concerned respondents to remove all illegal constructions in Srinagar and, in that regard, to give supervisory powers to the Divisional Commissioner, Kashmir. Presently, we are dealing with only the second prayer made in the petition. It is stated in the petition that Srinagar Municipal Corporation was given the authority to regulate constructional activities in the Srinagar city, but the said Corporation has failed to perform its duties as a result mushroom growth of illegal structures has taken place in the city which has defaced it. It is also stated that such activities have also led to encroachment of State land and the cumulative effect thereof is huge inconvenience to general public, frequent traffic jams, environment pollution, noise pollution.

2. On notice being issued, on 08.05.2013 the learned Advocate General appeared and made a rather conceding statement at the Bar, which was taken on record. The relevant paragraph of the order passed by this Court on the relevant day is reproduced hereunder:

Mr. Qadri, learned Advocate General, has made reference to various parts of City highlighting wholesome violation of Master Plan. According to the learned Advocate General, residential areas are being used for commercial purposes by converting residences into big malls without seeking permission from any authority. There is no effective control exercised by Srinagar Municipal Corporation, respondent No. 8. The aforesaid revelation shows blatant violation of Master Plan of the city of Srinagar and various statutory provisions.

3. Viewing the seriousness of the issue, more fairly corroborated by none other than the Advocate General of the State, this Court appointed Mr. R.A. Jan, Sr. Advocate as Amicus Curiae to assist the Court. We also sought reports from the Srinagar Municipal Corporation and the Srinagar Development Authority. Whereas the Srinagar Development Authority has not so far filed any pertinent report, the Srinagar Municipal Corporation has filed five status reports. In its report filed in response to the Court order dated 22.05.2013, the Srinagar Municipal Corporation, while giving an overview of its working, made certain revealing statements. It was stated therein that:

(i) That Master Plan 2000-2021 has been formulated for Srinagar Metropolitan area under the Development Act which has been duly approved by the Government;

(ii) That the total area of the Srinagar City has been divided into three zones for control of building operations and these zones are under the respective control of Srinagar Municipal Corporation to the extent of 202.7 Sq Kms; Srinagar Development Authority to the extent of 157.1 Sq. Kms and Lakes & Waterways Development Authority to the extent of 59.2 Sq Kms.;

(iii) That under the Master Plan 2000-2021 a small chunk of area from Dalgate to Budshah Chowk has been kept for commercial use, which does not co-relate with phenomenal urban population increase which, as per the census 2011, has touched 11.47 lakhs;

(iv) That the need for accommodation for tourists visiting the Valley has increased manifold and against the present demand of one lakh rooms, there are only twenty five thousand rooms available. With this b

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