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2014 Supreme(J&K) 48

M.M.KUMAR, MUZAFFAR HUSSAIN ATTAR
A. Citizen – Appellant
Versus
State of Jammu & Kashmir – Respondent


JUDGMENT

M.M. KUMAR, J.

1. This Court has been entertaining various Public Interest Litigations highlighting the rampage violations of Master Plan by constructing buildings in the non-conforming areas, raising of constructions on public lanes, agricultural land without seeking permission to change the land use, raising of constructions without obtaining any sanction from the local authorities and blocking the public road/by-lanes etc.

2. On numerous occasions in both Wings of this Court at Srinagar as well as at Jammu, various directions have been issued for sealing or demolishing all such buildings because such violations bring in the regime of lawlessness, defeat the planning, create extreme inconvenience to the pedestrian and in fact the law of Jungle prevails. However, the legislature in its wisdom has enacted an Act known as Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014, (for brevity, 'the Act') which has put a moratorium period on sealing of some of such buildings, which have violated the Master Plan etc. postulating that the moratorium shall remain in force from the date of publication of the Act in the official gazette till 31.03.2015. It is appropriate to menti





































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