DB directives in PIL regarding Failure to frame bye-laws of Municipal
JKUT (Jammu), November-24-2021-( JNF):- In a LPA seeking framing of Bye-Law of Municipal which had been treated as Public Interest Litigation, A Division Bench of Jammu & Kashmir High Court Comprising Justice Dhiraj Singh Thakur and Justice Mohd Akram Chowdhary directed Sr. AAG SS Nanda to file a compliance report be also filed with regard to the steps taken for purposes of adoption of the said bye-laws.
When the PIL came-up for hearing, Division Bench after hearing Adv Vilakshan Singh for the PIL whereas Sr. AAG SS Nanda for the UT observed that response has been filed by Sr. AAG in which a stand is taken that for uniform application of the building bye-laws, the Unified Building Bye-Laws have been prescribed, which have been adopted by 35 Urban Local Bodies except the Municipal Committee, Akhnoor, which could not adopt the said bye-laws due to the reason that there was no confidence motion moved by the President of the Committee.
It is further stated that adoption of the Unified Building Bye-Laws by Srinagar Municipal Corporation, Jammu Municipal Corporation, Jammu Development Authority as well as Srinagar Development Authority shall be done shortly after seeking the approval of respective Councils and Board of Directors.
It is urged that the Vice Chairman, Lakes and Waterway Development Authority has also adopted the Unified Building Bye-Laws and forwarded the same to the Government Press, Srinagar for publication. It is further urged that the said bye-laws can be enforced only after their publication in the Govt. gazette.
DB directed that steps be taken to ensure that the said bye-laws are published in the Govt. gazette within a period not later than two weeks from today. Compliance report be filed in this regard. Insofar as the adoption of the Unified Building Bye-Laws by the Municipal Committee, Akhnoor, Srinagar Municipal Corporation, Jammu Municipal Corporation, Jammu Development Authority as well as Srinagar Development Authority is concerned, a compliance report be also filed with regard to the steps taken for purposes of adoption of the said bye-laws in regard to the aforementioned corporations and authorities. JNF 