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2018 Supreme(J&K) 1011

GITA MITTAL, TASHI RABSTAN
A Citizen – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajay Sharma and Mr. Parag Sharma Advocates
For the Respondent:Mr. S.S. Nanda Sr. AAG, Mr. Adarsh Sharma, Mr. Anil Khajuria and Mr. Sachin Sharma Advocates

JUDGMENT :

1. The instant case has been entertained as Public Interest Litigation in July, 2013 on a complaint received in the Registry of this Court regarding the illegal constructions being raised around the upcoming Railway Station at Katra which were within the knowledge of Katra Development Authority.

2. Our attention has been drawn to several orders, especially the order dated 31st December, 2013 wherein illegal constructions stands clarified in the following categories:—

    (a) Commercial/residential or other buildings which have come up completely without permission of the local bodies like Municipal Committee or Development Authority.

(b) Illegal constructions which have come up in violation of the Master Plan.

(c) Illegal constructions which have been raised on agricultural land without seeking permission to convert “change of use” of the same for commercial/residential or other purpose.

(d) The structures which have come up where permissions for construction have been granted when the proceedings for acquisition under the Land Acquisition Act were in progress namely, after issuance of notification under Sections 4 and 6.

(e) the structures blocking public utilities like by-lanes

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