HC pulls up Uttarakhand govt on illegal construction
The Uttarakhand high court, on the illegal construction of the 13th floor of the palatial Swami Kailashanand Mission Trust building near Lakshaman Jhula in Rishikesh, has sought the state government’s response.
The chief secretary has been directed by a single bench of Justice Alok Singh to personally scrutinize the matter and file an affidavit along with the Haridwar Development Authority (HDA). The next hearing is scheduled for the end of this week, when the respondents are expected to file their affidavit.
Justice Singh, coming down heavily on the HDA and the trust, said: “In my opinion, the petitioners (trust) in collusion with officers of the development authority have completed the entire construction. The court cannot keep its eyes shut, if any illegality is exposed and is noticed.”
The vice chairman and secretary, HDA, have also been directed by the court to file affidavits specifically explaining the circumstances under which the trust was allowed to raise the construction beyond the prescribed height and also place on record building by-laws and relevant regulations to demonstrate maximum permitted height of the building.
HDA’s order
Against the HDA’s order of demolition dated July 17, 1991, the trust has gone to the high court. At that time the HDA had charged compounding fee for the 13th floor, since the building was already constructed, which was beyond the permitted limit as per the laid down rules. The court observed and came done heavily on the authorities, after going through the records, that the order passed for compounding fee was illegal and without jurisdiction.
The court alleged that the imposition of compounding fee should not be interpreted to mean that the construction in violation of rules and regulations beyond the prescribed height was regularized by the development authority.
Meanwhile, in Rishikesh an office bearer of the trust said: “As per the rules and regulation the compounding fee had been paid and the demolition order is wrong.” He said it was up to the HDA and the government to clarify their position on the matter.
Source: Times of India
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