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news details
Dal Rehabilitation: HC bans transfers to third party
5/21/2019 10:38:29 PM
Early Times Report
Jammu, May 21: The J&K High court has directed the Lakes and Waterways Development Authority (LAWDA) to take immediate steps towards prohibiting all transfers, alienations as well as parting of possession of die rehabilitation sites by the allottees to any third person, in any manner whatsoever.
In a Public Interest Litigation, a division bench of the court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan observed that the sixth status report of the committee of experts dated 09-05-2019 stands filed in the court on 15-05-2019.
The court observed that in its order dated 11-04-2019, it had enumerated eight points after consideration of the fifth report of the Committee of Experts as well as the report filed by the Srinagar Municipal Corporation and the LAWDA.
The court further observed that the second issue pointed out by the Committee of Experts is about the allottees who were rehabilitation, but are alienating the same. "Such alienations run completely contrary to the spirit intendment and purpose of the relocation which is for the purpose of rehabilitation."
The court directed LAWDA to take immediate steps towards prohibiting all transfers, alienations as well as parting of possession of die rehabilitation sites by the allottees, to any third person, in any manner whatsoever. Such action shall be deemed to be violation of the terms of allotment and shall invite action for cancellation of the allotment in favour of the allottes as well as dispossession of the allottes and/or their assignees from the relocation sites. Execution of Power of Attorneys and handing over the possession to such person, even if attorneys shall be treated as alienation of the plot by the allottees.
The court also directed to stop use of chemical pesticides and fertilizers on the Golf Courses in the Dal lake periphery, which flow into the lake along with the storm water and pollute the lake.
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