SAINIK CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
SAINIK CO-OPERATIVE HOUSE BUILDING SOCIETY LTD.
STATE OF JAMMU AND KASHMIR
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(1.) In the exercise of powers conferred by S. 3 of the Prevention of Ribbon Development Act of Samvat 2007, a direction has been given. This direction is to the effect that no building activity shall be undertaken within 75 meters from the centre of the road alongside the bye-pass outside the limits of Jammu Municipality. This notification has been reproduced in paragraph 6 of the petition. The imposing of above restriction is being challenged on the ground that this is not a reasonable restriction within the meaning of Arts. 19 and 21 of the Constitution. It is submitted that fixation of 75 meters from the centre of the road is not justified. It is further submitted that if for the national highways, the limit is 30 meters, then there is no justification of fixation of limit of 75 meters in the present case. It is urged that this restriction violates the fundamental rights of the petitioner as the same is amounts to interference in the rights of user of property owned by it.
(2.) Respondents have filed objections. The stand taken is that the direction that no building activity would be undertaken without obtaining sanction in writing, is a direction to which no exception can be taken. It is urged that this is a reasonable restriction. It is submitted that the notification has been issued in terms of S. 3 of the Act. This section enables the competent authority to prohibit erection of building in an area which is to be specified by the Competent Authority. It is stated that in the exercise of power conferred by S. 3, the said notification has been issued. This notification reads as under :-"OFFICE OF THE CHIEF ENGINEER,PROJECTS ORGANISATION, J and K,SOURA, SRINAGARNOTIFICATION :Srinagar, the 12th Sept., 1978Ist PublicationCEP/2523In exercise of the powers conferred by S. 3 of the Prevention of Ribbon Development Act, Samvat 2007, I, Sheikh Abdul Salam, Chief Engineer, Projects Organization, Jammu and Kashmir empowered as the Chief Engineer under Cl. (ii) of S. 2 of the said Act vide SRO-494 dated 18-6-1978 hereby direct that no building shall be constructed alongside the National Highway Bye-pass at Jammu outside the Jammu Municipal limits within a distance of 75 metres from the centre of the Rd, without my sanction in writing.Sd/- S. A. Salam,Chief Engineer,Project Organization,J. and K. Soura,Srinagar."
(3.) The question arises as to whether the State is competent to regulate the construction activity in the manner which has been sought to be done by issuing the notification under challenge.;
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