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It’s important for home buyers to understand that a mortgage commitment letter in NYC does not guarantee that the bank will fund your loan.As you will see from the NYC mortgage commitment letter sample below, there are many contingencies in place for the bank to revoke its loan commitment to you. If you’re about to submit an offer and deciding whether to waive the mortgage contingency, it’s important to understand what a mortgage commitment letter entails and how much assurance a loan commitment offers you in the first place.What does a NYC mortgage commitment letter sample look like?This is an example of a standard mortgage loan commitment letter that would be issued to a New York City condo or co-op apartment buyer. There are additional sections in this NYC mortgage commitment letter sample you should review such as Commitment Conditions.MORTGAGE LOAN COMMITMENTBorrower Name(s):Borrower Mailing Address:Lender:Property Address:Type of Property: [Condo, Co-op, etc.]Commitment Expiration Date:Date:It is a pleasure to notify you that your application for a mortgage loan has been approved subject to the following matters set forth below and on pages 2 and 3.INSTRUCTIONSPlease sign, date and return Lender’s copy of this Commitment, along with any required fees and items requested, to the Lender at the following address, within 15 days of the date hereof, or at the option of Lender, this Commitment shall become null and void. Should you have any questions, please contact:This approval is not a final commitment. Due to the fact that interest rates are subject to change without notice, your approved payment and loan amount may change if interest rates increase or decrease.EFFECTIVE DATE AND COMMITMENT FEEThis commitment will become effective upon compliance with the terms herein and, if applicable, the receipt of your check in the amount of any non-refundable commitment fee (“stand-by fee”). It is understood and agreed that if this mortgage loan is not settled in accordance with the terms and conditions of this commitment, the Lender shall retain this fee as earned charges for the origination and approval of this loan.AMOUNTS, TERMS AND FEESAmount of Loan $[Amount]Initial (Contract) Interest Rate [Rate]%Loan Term [Number] monthsAmortization TypeBalloon Term (if applicable) [X] monthsLoan TypeLien Position 1st LienPAYMENT (P&I)Your initial interest only principal and interest (P&I) amount is $[Amount]. This amount does not include any escrowed amounts and may change if there is a change in loan terms.ESCROW[ X ] An Escrow Account is not required.[ ] An Escrow Account is required.Even if an Escrow (Impound) Account is not required at time of settlement, subject to the terms of your specific loan documents, the Lender may set up and require an Account should the taxes or insurance on the subject property ever become delinquent.EVIDENCE OF TITLEThe Evidence of Title is to be provided to the Lender and must indicate no liens, encumbrances, or any adverse covenants or conditions to title unless approved by Lender. The Evidence of Title must be issued from a firm or source, and in a form, acceptable to Lender. Borrower will be charged for the cost of providing such title and the cost of recording documents, all of which will be ordered by Lender unless requested otherwise.CANCELLATIONThe Lender reserves the right to terminate this commitment prior to the settlement of the loan in the event of an adverse change in your personal or financial status, or if the improvements on the property are damaged by fire or other casualty.REQUIRED ITEMS OR CONDITIONSAll Items Listed on the Commitment Conditions Addendum Apply.THE FOLLOWING CONDITIONS MAY APPLY TO YOUR LOAN DEPENDING ON THE LOAN TYPE AND TERMS.BALLOON MATURITYA balloon loan matures before the loan is fully amortized. The balance of the loan will be due in a lump sum payment at maturity.FIRE AND EXTENDED COVERAGE INSURANCEPrior to settlement, we will require an original insurance policy and/or binder containing fire and extended coverage (i.e., windstorm, hurricane, hail damages, or any other perils that are normally included under an extended coverage endorsement) insurance in an amount equal to the lesser of 100% of the insurable value of the improvements, or the unpaid principal balance of the mortgage as long as it equals the minimum amount (80% of the insurable value of improvements) required to compensate for damage or loss on a replacement cost basis through a company acceptable to the Lender, and a receipt showing premiums paid in advance for one year. The insurance policy shall also contain a standard mortgage clause in favor of Lender. We cannot require you to obtain a policy which exceeds the guaranteed replacement cost of the improvements securing the loan.If the property is new construction and you are not able to occupy the property immediately after closing, you will be required to furnish an original fire/hazard insurance policy or binder, including a Builder’s Risk Rider. If this is a renovation of an existing dwelling that will remain occupied, a Builder’s Risk Rider is not necessary.GOVERNMENT INSURED LOANSLoan Commitments issued for these types of mortgage loans, including, but not limited to FmHA, RHS, FHA, and VA, are subject to all the terms and conditions of the Agency’s commitment, or the VA certificate of reasonable value, as well as the rules, and regulations, and all applicable requirements of the Farmers Home Administration, Rural Housing Service, Department of Housing and Urban Development, the Department of Veterans Affairs, and/or other state or municipal authority.FLOOD INSURANCEBy signing and accepting this commitment, you acknowledge that if the property securing this loan is in an area identified as having a special flood hazard you agree to these insurance requirements.Our policy, in order to best protect collateral interest, is to adhere to the more common industry practice of requiring flood coverage for the lesser of: the full 100% Replacement Cost Value or the maximum amount of insurance available under NFIP for the particular type of building; currently $250,000 per residential dwelling/condominium unit. A copy of the declaration page or application signed by the agent, along with proof premium has been paid, is required prior to closing.Flood insurance is mandatory now or in the future if this property has been or will be determined to be in an area which has a special flood hazard. Federal Law requires that flood insurance, available through any agent, must cover the lowest of: the outstanding principal balance of the loan[s]; the maximum amount of coverage allowed for the type of building under NFIP or the full replacement cost value of the building or contents securing the loan.TAX AND INSURANCE PAYMENTSMonthly deposits and initial deposits as determined by Lender are required to cover the payment of estimated annual real estate taxes, special assessments and, if applicable, FHA or Private Mortgage Insurance Premiums. Lender may also require additional deposits for hazard or other insurance if required for this loan. Such deposits are to be placed in a separate escrow or impound account.SPECIAL ASSESSMENTSIf required, all unpaid and future special assessment installments must be paid in full prior to, or at time of settlement.DOCUMENTATIONThe mortgage or deed of trust, note and other pertinent loan documents will be provided by Lender and must be signed by all applicants that are to be contractually liable under this obligation. Further, the mortgage or deed of trust must be signed by any non-applicant spouses if their signature is required under state law to create a valid lien, pass clear title, or waive unclear rights to property. Note: Samples of loan documents are available upon request.ADDITIONAL CONDITIONS FOR CONSTRUCTION LOANS.CONSTRUCTION LOANS: ONE PAYOUT AND MULTIPLE PAYOUTImprovements are to be built in a good and workman-like manner in strict accordance with plans and specifications furnished Lender and in compliance with applicable building codes. After completion, said improvements shall be approved by a representative of Lender and an occupancy permit shall be issued by local municipality. Any changes, whether they be additions, deletions, or alterations, of the plans and specifications, must be approved in writing by Lender in order that this loan commitment remain in effect.CONSTRUCTION LOANS: MULTIPLE PAYOUTEvidence must be submitted that the net proceeds of our loan are sufficient to complete the construction of the building, free and clear of all claims of Mechanic’s Liens for labor and material. All disbursements will be made upon the order of the borrower upon presentment of proper waivers of lien, subject to compliance inspections by the Department of Veterans Affairs, the Federal Housing Administration, or Lender, not to exceed 80% of the value of the work done. The remaining funds will be held back until the certificate of completion and/or occupancy certificate is issued.I (WE) accept the terms and Conditions of this Commitment and will notify Lender if there are any changes to the information provided on the application before the closing of the loan.Borrower DateCOMMITMENT ISSUED ON BEHALF OF LENDER BY:Take special note of the cancellation clause listed above. If you lose your job or suffer some other financial setback, the bank will have cause to terminate your loan commitment!What are some typical commitment conditions in a NYC mortgage commitment letter sample?This is an example of a some typical commitment conditions in a NYC mortgage commitment letter sample. Note the long check-list of tasks that must be completed in order for the lender’s commitment to be valid.COMMITMENT CONDITIONS(Attachment to Mortgage Loan Commitment)Borrower: The Closing Disclosure will be provided to you in advance of your closing indicating your loan terms and is followed by a government mandated waiting period before the actual closing occurs. Receipt of the Closing Disclosure does not indicate all loan conditions have been satisfied which must occur prior to closing. Changes of any kind that occur after the final Closing Disclosure has been delivered to you may result in an additional waiting period prior to closing.Borrower: This loan is also subject to all other lender specified conditions and must comply with all applicable federal, state, and local laws and regulations.Lender: Verification from the Lender’s Closing Agent / Attorney that a Recognition Agreement has been executed by the the Cooperative Board and received by the Closing Agent/AttorneyLender: Title to have Recorded UCC1 lien search at time of closingLender: Recognition agreements and stock certificate required at time of closingLender: This loan is approved for a maximum interest rate of — [ ]% (qualifying pmt)Lender: If the loan does not close by the expiration date of the credit documents which includes verification of employment, assets and credit, re-verification will be required. To avoid re-verification the loan must close by: [Date] (rate)Lender: Obtain a completed and signed Form 4506-T (written permission to request tax returns from the IRS) for all borrowers at and before closing. — ** rcvd prior to closing **Lender: Closing agent to verify borrower(s) identityLender: Fully executed and signed Social Security Administration release (form OMB #0960–0760)Lender: Loan was approved based on the following parameters: Debt to Income Ratio not to exceed [ ]%; Total Reserves required for Transaction are $[Amount] or 12mos (subject to change) plus closing cost & prepays of $[Amount] (subject to change). Required Liquid Funds for transaction can be no less than $[Amount]. If any of these parameters change, as required by product guidelines, the loan will be subject to re-underwriting.Lender: If the loan does not close by the expiration date of the following documents, re-verification will be required:Appraisal: [Date] Verbal VOE: [Date] Rate: [Date] Lien Search: [Date] Co-Op Approval: [Date]Lender: No subordinate financing allowedLender: Seller paid closing cost may not exceed actual costs, the maximum amount that can be paid is — $[Amount]Lender: No cash out to borrower(s) at closingNote that this hypothetical lender does not allow any subordinate financing. That means you won’t be able to take out a 2nd lien home equity line of credit at a later time. Please also note that if your purchase doesn’t close in time, the lender may need to re-do the underwriting process.Sample Mortgage Commitment Letter InstructionsCONGRATULATIONS!Your application for a [Bank Name] Co-op Loan has just been approved. Enclosed you will find a commitment letter which provides you with specific details regarding your loan approval. We urge you to read it carefully as it contains important information on the financing terms and the documentation that is required in order to close your loan.WHAT ARE THE NEXT STEPS?You must sign the commitment and return it to us within ten (10) days of the commitment or before the expiration date, whichever is sooner with any fees specified. Please note that this commitment letter contains two critical dates. If you elected to lock in your interest rate and points there is a rate expiration date. If you do not close your loan on or before the rate expiration date, the terms and conditions will change.In addition, there is credit document expiration date. If you do not close your loan on before this date you will need to satisfactorily update certain credit documents in order for the terms and conditions of this commitment letter to apply. If your rate and points have not been locked, the rate expiration date will be established once you elect to lock in your rate. You must lock in your rate at least five business days prior to loan closing.Please read the commitment letter and riders carefully, as they contain conditions that must be satisfied prior to your loan closing. It is incumbent upon you to make sure that we are in receipt of all items listed. These items must be reviewed and approved at least three (3) days prior to loan closing. Again we must emphasize that you cannot close your loan unless all these items have been satisfied.We have notified the closing attorney for [Bank Name] of this loan transaction.Arrangement and instructions for closing your loan should be obtained by contacting the [Bank Name] attorney named in your commitment letter. A loan closing can be scheduled shortly after all necessary documents have been received by [Bank Name].The [Bank Name] attorney will be able to provide you with specific information regarding the following:-Closing Date-Closing Location-Prepaid Interest and Escrow Funds-Co-op Lien Search Requirements-Survey Coverage Requirements-Insurance Requirements (Hazard/Flood/Condominium/Co-op)We encourage you to have your attorney contact the [Bank Name] closing attorney to review the requirements. This should help to ensure that your closing goes smoothly.Thank you for choosing [Bank Name] for your financing needs. We are delighted to have you as a client.What are sample closing conditions in NYC?Dear [Borrower],We have received today from [Bank Name] a copy of a commitment letter for a co-op loan and will represent [Bank Name] at the closing. Please be advised that we cannot schedule a closing unless we receive confirmation that the conditions required by [Bank Name], prior to closing, have been satisfied and the conditions required at closing will be obtainable and brought to the loan closing.Enclosed with this letter you will find three copies of Recognition Agreements. The Recognition Agreement must be delivered to and executed by an Officer of the Cooperative Corporation. The fully executed Recognition Agreement must be delivered to our office prior to loan closing or it must be brought to loan closing. We will be unable to close a co-op loan without the original executed Recognition Agreement with the corporate seal.Enclosed with this letter you will find a Uniform Commercial Code Authorization Form. This document must be signed by each person who will be on title and promptly returned to our office. This document is necessary for [Bank Name], to obtain a security interest in the cooperative. Upon our receipt and/or confirmation of certain information i.e. section/block/lot numbers of the building same will be inserted in the financing statement prior to filing. Please be sure to note that the executed Uniform Commercial Code Authorization Form and the check required by paragraph 3 below must be remitted to our attention at the time you accept your commitment letter to a assure a timely closing.To ensure that [Bank Name] has a proper security interest, a Cooperative search of the appropriate records will be conducted solely for [Bank Name]’s benefit. The search will be ordered by our firm and will be reviewed and approved by our office prior to loan closing. Payment of the lien search must be remitted to our office at the time you send back the UCC-1 Authorization form. The cost of the search is $275.00 and the filing fee for the UCC-1 is $100.00. Please remit a check for $375.00 made payable to [Name] for the lien search and the recording of the financing statement.Unless paid prior to loan closing, all charges and fees due to [Bank Name] must be paid from the loan proceeds. If you call our office the day before loan closing, we will advise you of the exact amount being deducted from loan proceeds.The commitment letter has two expiration dates; one is the Commitment Expiration and one is the Rate Lock Expiration. The loan must close and funds must be disbursed on or before the earlier of the Commitment Expiration or the Lock-In Expiration. In the event the loan is a refinance transaction and it is subject to the required three (3) business-day right of recission it must close four (4) business days prior to the expiration of any applicable rate lock agreement.Please note that a closing cannot be scheduled until the following items have been completed:– We have been advised by [Bank Name] that all commitment conditions have been satisfied.– The U.C.C. -1 financing statement has been filed.– The co-op search has been reviewed and approved– We have a copy of the proposed Stock Certificate and the first page of the Proprietary Lease. At closing, the original Stock Certificate and Proprietary Lease must be delivered to [Bank Name] Closing Attorney.– We must be in receipt prior to or at loan closing of a blanket insurance policy for the co-op evidencing sufficient dwelling coverage.[Bank Name] requires at least two (2) business days to schedule a loan closing.We are committed to providing you with the highest level of customer service. If you should have any questions please feel free to call us at [Phone Number].Content courtesy of https://www.hauseit.com/nyc-mortgage-commitment-letter-sample/Disclosure: Hauseit and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.

The special status of Jammu and Kashmir (and now it’s abrogation) can be explained by checking the legal aspects of the following documents:1. Indian constitution(Article 370,35A,Appendix 1 and 2)2. Jammu and Kashmir constitution3. Instrument of accession4. Presidential notification on article 3705. Jammu and Kashmir reorganization bill 2019Hope you enjoy this.As you can see, there is a door. On one side of it is India and on the other side of it is Jammu and Kashmir. The wall is made of constitution (applicable to Jammu and Kashmir order 1954, which in turn includes the ‘unconstitutional’ 35A) and the door is article 370.The Indian side has two members who have the power to pass through that door1. Parliament2. Indian PresidentThe Kashmir side has to answer the door, they have1. Kashmir legislature2. Kashmir Governor (earlier sadar-i-riyasat)So let’s start,1. What was the need for such a ‘door’?Ans: When India became independent in 1947 as an Independent dominion, it also made independent 565 princely states along with British India (refer Indian independence act). These states had 3 options- to accede to India, to accede with Pakistan or remain as an Independent kingdom.Many kings chose among them, under Iron Man Sardar Patel we could unite our Land as the Indian Union. This was done by signing an accession treaty, called INSTRUMENT OF ACCESSION. This was the will of the king- no voting or plebiscite had to be done by the subjects- to join the Indian Union.Kashmir was an exceptional one- it had a peculiarity of a Hindu ruler over a majority Muslim subjects and the ruler wanted to remain independent. So the map of India didn’t have Kashmir (until October 1947).Pakistan had eyes on Kashmir but since it had a Hindu ruler, they figured he may not just accede to Pakistan and once they found out that he won’t accede to India too, they began training militant groups to revolt and seize Kashmir from the king. A war was under place.The king understood that he will lose the war and Pakistan will overthrow him- he requested his neighbor India to help him fight Pakistan. The distress call fell on Prime Minister Pandit Jawaharlal Nehru and then Governor General Lord Mountbatten.India agreed to help on one condition- Kashmir should accede to the Indian Union, which the King agreed “on certain conditions” and Indian army was on Kashmir soil, fighting Pakistan militants, as Kashmir became an integral part of India.Nehru decided to seek international help in Kashmir issue- he went to the UN without consulting the Parliament or the President.- the UN which was controlled by US, a friend of Pakistan then, asked for1. Complete demilitarization of Kashmir2. Plebiscite/referendum conducted among people of Kashmir whether to stay with India or Pakistan.Which contradicted the Instrument of accession and we were nicely fooled (thank you)!A separate constituent assembly was formed in parallel with our constituent assembly to define the relation of Jammu and Kashmir with the Union of India. They drafted the Constitution of Jammu and Kashmir and simply said “JAMMU AND KASHMIR WILL BE AN INTEGRAL PART OF THE INDIAN UNION”(wow)- This was on November 1956.But our constituent assembly had proclaimed India as a sovereign territory in 1950 January. So it meant no outside opinions need to be taken on matters which are under diplomacy of the Indian Union. This was again in contrast with UN intervention.So as a solution to this problem, until Kashmir issue is solved in the UN(thanks to then Prime Minister), our constituent assembly decided to give Kashmir a ‘special’ status which was ‘temporary’-which barred the Indian constitution in being valid in Kashmir unless through a DOOR- that door is article 370.2. HOW DOES THIS DOOR (ARTICLE 370) WORK?ANS: This door is the path by which Indian laws and constitution are made applicable to Jammu and Kashmir. Indian side has one constitution and a penal code(IPC) and procedure ( CrPC and civil laws) and Kashmir side has 2 constitutions and a penal code(ranbir penal code) and civil laws.Article 370 says how Indian constitution can be applied to Jammu and Kashmir1. Article 1 and Article 370 are applicable to Jammu and Kashmir (what about the other articles? Wait, 370 will say)Article 1- India that is BHARAT shall be a union of statesThe ‘states’ are specified under First schedule of the Indian Constitution and J&K is the 15thstate in the Indian Union2. Article 238 does not apply to J&K( what is article 238- part B states )Fun fact: there is no article 238 in the Indian constitution (after 237, constitution moves to 239). It was removed by 7thamendment of Indian constitution on 1956. (That trouble is over!)3. The power of parliament is limited to 4 areas specified under Instrument of Accession:a. DEFENSEb. EXTERNAL AFFAIRSc. COMMUNICATIONd. ANCILLARY(Read on boys, explanation follows)4. On other matters of the Instrument of accession, the President has to make an order, on approval of the Government of J&K. (at that time it was the king)5. All other articles of the constitution shall apply with modifications as the President says, with the approval of the state(except a,b,c,d all other matters need the approval of state and it may be modified)6. Also the approval of the constituent assembly is needed(this was of no importance in as the constituent assembly(J&K) dissolved in 1956 and they stated that J&K was an integral part of India)FUN FACT: Nowhere in the Jammu and Kashmir constitution says about article 370 (wow again)7. The president can remove, modify and change any provisions of article 370 by consulting the constituent assembly.Explanation: Article 370 does not come under article 368(power of parliament to amend the constitution of India). So parliament cannot change, modify or remove article 370. Only the President can do it.( he did it twice, I will explain it in this article)Any other article/law has to pass the door- so the President knocks the door and he is answered by the Kashmir government. If they wishes to apply the article president is welcome and it is passed in J&K assembly. If they don’t like it- it does not apply to J&K but applies to ‘rest of India’.(president can go back)The parliament doesn’t need to knock the door for a,b,c,d. they can simply walk in and out(even kick the door open) but for all other provisions they need the president to help them pass the 370 door.SCENARIO 1:(Knock knock)J&K: Hello Mr. President, what do you want to pass?Indian President: I want the Fundamental rights and fundamental duties to be valid in J&K (part 3 and 4 of the Indian constitution)J&K: OK you can pass 370- fundamental rights and duties will be applicable to J&K.SCENARIO 2:(knock knock)Hello Mr. President, what do you want to pass?“I want to pass the GST bill”You will have to wait for approval.(After one week)Okay Mr. President, GST is applicable to J&K.GST- Goods and Services tax took extra 1 week to implement in Kashmir.SCENARIO 3:(knock knock)Hello Mr. President, what do you want to pass?“I want to announce financial emergency under article 360”Sorry Mr. President, financial emergency can be valid across rest of India but not here. You may leave.THUS, one by one, law by law each provision of the constitution had to pass through 370. Some didn’t pass. Many Indian laws were not ‘applicable to J&K’ due to this constitutional wall.Indian constitution was ‘different’ in J&K and the rest of India. Some articles had modifications and changes on two sides of the door.3. How did Kashmir become an Integral part of India?ANS: It became an integral part through the INSTRUMENT OF ACCESSION signed between Maharajadhiraj of Jammu and Kashmir and Mountbatten of Burma (Governor General of India) on 27 October 1947.It had certain conditions (go on, do you think anyone would read your article)a. I, Shriman Inder Mahendra Rajarajeshwar Maharajadhiraj Shri Hari Singh Ji, declare that I accede to the dominion of India, with certain conditions (well done sir).b. The central government can make laws on those matters which I say for this state, and for all other matters, they need to be in agreement with the ruler of this state(that’s me folks)c. The conditions in this accession treaty cannot be changed except by me. No amendments can change this(tactical move)d. If the central government wants to acquire some land (IN J&K) for any purposes, they need to consult me and I will give it to them on an agreement that is overseen by a person appointed by the Chief Justice of India.(wow)e. Don’t think that I am committed to any future constitution that you make- I will continue to make arrangements with the Government of India(once a king, always a king)f. I will continue my sovereign rights over this state.(king indeed)(Thank god he is no more)4. What are the laws that parliament can directly make (directly pass through the door without asking)?ANS: a. defense-military, naval, air forces of India and all other armed forces, their administrationb. external affairs- treaties and agreements with other countries etc, emigration, admission etc and NATURALIZATION.c. communication- post, telephone, wireless, broadcasting etc, railway, marine shipping, ports etc.d. Ancillary- Elections, offenses against laws, Judiciary(High court).5. Okay, so what was ‘unconstitutional’ about Jammu and Kashmir?ANS: What was so special about Kashmir- It had it’s own constitution, Flag, citizenship and citizen rights along with Indian rights and their legislature was elected once every 6 years( rest of India is 5 years).It had two houses in their legislature.Kashmir Flag would be hoisted in equal respect as the Indian flag on government Institutions.Up to 1954, they didn’t have the constitutional institutions like Election Commission, Supreme Court etc. It was provided to them by a constitutional amendment, called Constitution (applicable to Jammu and Kashmir) order 1954 May- which extended the fundamental rights and duties too, but with an extra article, called article 35A.Any amendment to the constitution can only be done by the Parliament by article 368. First the bill has to be presented in the Lok Sabha/Rajya Sabha and has to be passed by both houses with a 2/3rd majority. Then it is the President who issues order to amend the constitution.Also if you want to amend:a. article 54(election of President), 55(Method of election of Indian President), 73(extent of executive power of India), 162(executive power of a state), 241(High Court for Union territories)b. 7th schedule (union list, state list, concurrent list)c. Representation of a state in Rajya Sabhad. Chapter 4 of Part 5(Judiciary-supreme court), Chapter 5 of Part 6(Judiciary-High court), Chapter 1 of Part 11(relation between center and state)e. Article 368 itselfHas to be passed by at least half the states in the Indian Union by the legislatures of the states.This is the only way in which you can change the Indian Constitution.BUTNone of these steps were followed when Indian President issued the Constitution order in 1954, which applied Indian constitution with amendments to J&K. The bill for amendment was never put in neither Lok Sabha nor Rajya Sabha. It was unconstitutional and you cannot find article 35A in Indian constitution (if you look between article 35 and 36)!Instead article 35A was included in the Appendix of the constitution, along with the unconstitutional amendment.So, The president applied by virtue of article 370 an amended Indian constitution on J&K. That amendment itself was unconstitutional so by virtue of that, the application of Indian constitution also became unconstitutional.Simply, everything except article 1 and 370 became unconstitutional from the side of J&K.6. What was article 35A?ANS: It was inserted in the Indian constitution to save the rights of Permanent Residents of Kashmir.(Kashmir citizens)Only those with PRC (permanent residential certificate) issued by J&K government hada. Government Jobsb. Right to propertyc. Right to settlement in J&K.d. Right to scholarships and aids of state governmentIt bypassed our fundamental rights for Kashmiri citizens. It was like Indian Citizens had no rights in Kashmir.7. So who are permanent residents of Kashmir?ANS: Anyone who is and will become citizen of India shall be eligible for Kashmiri citizenship (PRC), if he/she satisfies certain conditions, under part 3 of Kashmir Constitution.a. He was a state subject (under maharaja)b. He has property in the state and has been staying in J&K for 10 years.c. If he had migrated to Pakistan and has now returned for resettlement under state government (who migrates to Pakistan from Kashmir after partition and returns back?)The state can define who are the Permanent residents and can confer special rights and privileges and modify those. (2/3rd majority of the state is required for altering PRC).Persons with PRC will have all the rights under Indian Constitution.8. What is the problem with this special rights?Ans: They could bypass the fundamental and basic structure of our constitution. Kashmiri women, a state subject, if she marries a non-Kashmiri, she remains in PRC only if she stays in Kashmir and loses it if she moves out of Kashmir and her children were not eligible for PRC.(Maharaja’s proclamation in April 20, 1927).This was not applicable for Kashmiri men marrying non-Kashmiri women.Also, a widow loses her PRC rights if she moves out for settlement from Kashmir, and her children too.Dalit (valmikis) were brought by Kashmir government to Kashmir valley in 1951 for sweepers and cleaners in Jammu municipality. They would never get PRC and their children too couldn’t never apply for any job except sweeper in Municipalities.Public Institutions and Jobs were reserved for Kashmiris (PRC) only. Other Indians had no right even to buy property and settle there.Sharia law was applied to women in Kashmir. The Muslim personal law (Sharia) Bill was passed by both houses of the Legislature in 2005.West Pakistan refugees and gorkhas from Nepal also were in Kashmir but was never given PRC.The list went on.None of the above groups hada. Property rightsb. Employment rightsc. Election representationsd. Admission to state jobse. Scholarshipsf. Rationsg. Voting rightsSo Dalit community was deprived of all these rights (along with other Indians too).J&K had no reservation for minority communities- SC/ST had reservation in educational institutions only(no representation in elections). There was no reservation for minorities. That act had to be amended to even include 10% economic reservations.No business firms could be started by ‘Indians’ in J&K.CAG (comptroller and auditor general) was not applicable.National symbols were double, so disrespecting one (Indian) was not seen as a serious crime.No rights for Panchayat Raj.Presidential rule cannot be imposed-only sadar-i-riyasat (Governor) rule could be imposed.If one was a Dalit and had an MBBS degree, the highest government job he/she could apply was for that of a Safai-karamcahari( sweeper/cleaner) as PRC stopped them from attaining government jobs.Even the Supreme Court was helpless at the denial of basic rights as it said for Bachan Lal Kalgotra vs the State of Jammu and Kashmir. Even after staying for 40 years as legal immigrants, the people were not given PRC so they couldn’t get any property in the state, no scholarships, no government jobs other than sweeper/cleaner, no right to vote and representation.Everything would have been justified if the special rights went to the hands of the right people. But J&K had something else in mind.Almost 5 lakh Kashmiri Pandits were thrown out of Kashmir and deprived of PRC during the exodus of Hindus from 1985-1995. Radical Islamic terrorists gave them 3 options to Pandit men-1. To convert to Islam 2.die 3.leave Kashmir(and never return)As the exodus was going on, Kashmir assembly had passed Jammu and Kashmir Resettlement Act, 1982.9. What was the resettlement act in J&K?ANS: The Jammu & Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982 or the Jammu and Kashmir resettlement act was an act aimed to give PRC to Muslims from Xinjiang, Tibet and Pakistan.The act was passed stating the reason that section 6 of Kashmir Constitution gave rights for Muslims who migrated to Pakistan from Kashmir and once they return, they would be entitled for Kashmiri citizenship and those people having their property would have to pay them compensation as fixed by the magistrate.This was done amidst the Hindu exodus and 1.5 million people(dalits and immigrants) were deprived of PRC. The message now was loud and clear- Kashmir belongs to ‘us’.10. How was it done ‘constitutionally’?ANS: Section 6 of Jammu and Kashmir constitution had a very special clause which said that any person who was a state subject of Kashmir before 14 may 1954 and have migrated to Pakistan after 1 March 1947, upon returning for resettlement, shall be provided PRC by the state.It was very clear that Muslims migrated from Kashmir to Pakistan after partition when Kashmir decided to accede to Indian Union. If they were coming back, they would be given PRC but that was not the only problem.The same section 6 had a very dangerous provision- any person who is a citizen of India or is deemed to be a citizen of India shall get PRC according to the conditions- so it was clear- you may become an Indian citizen in near future, you are a Muslim from Pakistan and has come back to Kashmir- you get PRC- that was the result of the section 6 plus the resettlement act 1982.Indian constitution had sensed the danger- so it had article 7 which said that if you are from Pakistan ( you had migrated after March 1947), you will not be considered as a ‘deemed citizen’of India.BUTIndian constitution was amended unconstitutionally (only for J&K) in the order of 1954 and it said-every such person will be a deemed citizen of India- making it easy for Muslims from Pakistan to get PRC.And they got special rights that no Indian citizen living in other parts of the country and the minorities living in J&K ever had.Judiciary was ‘helpless’ in Kashmir.The resettlement brought 2 things- one a major Muslim vote bank and two, an increase in radical Islamic militancy in the state.Let’s look at how the vote bank functioned.It was stated in the constitution (applicable to J&K) order 1954(Appendix 1 of Indian constitution) that Kashmir would be divided into electoral constituencies based on the Delimitation Act of 1972.It also said that state constituencies would not have the areas illegally occupied by Pakistan.This had a major vote share going to Kashmir valley. The delimitation commission act was revised in 2002 and it deleted the act of 1972, but it was not applied to J&K (the door was shut before the President).Also it was put in section 47 of J&K constitution that until and unless a census is done in 2026, there is no need to readjust the constituencies of J&K.11. What is the Delimitation Act?ANS: The act that determinesa. The number of seats in the Lok Sabha from each state.b. The number of seats in the Legislative Assembly of each states and Union Territories with legislatures.c. The division of seats, based on geography, administrative units and public convenience.The delimitation Act of 2002 was not made applicable to J&K to retain the legislative voter share of 1972- which ensured that Kashmir valley would have a major share in J&K assembly.Thus, the basic ideas and fundamental provisions of our constitution was being violated and IT WAS TIME FOR THE JUDGEMENT DAY- The special status had to go. But that was not easy, and it had to be done ‘constitutionally’.12. Why was removing the special status difficult?ANS: Removing special status means making Kashmir just like any other state in India- their constitution, flag and all other special provisions had to be dealt withAndTheir special status could only be removed using the same article that gave them the status- 370. It had 3 problems a,b,c.a. It requires the recommendation of the constituent assembly-But the constituent assembly of J&K was dissolved in 1956 and they recommended that Kashmir be an integral part of India. None of the members in the assembly are alive today.b. Removing special status meant applying full Indian constitution-That required every bill to be validated by the Kashmir legislature and the consent of the Kashmir legislature was necessary to remove the special status- which they NEVER agreed.(Which means if the parliament has to change the name, change the area, remove special status or divide the state into union territories (article 3), they needed the consent from the state legislature).c. Kashmir High court once observed that article 370 had achieved a permanent status in the constitution and was beyond abrogation.13. The question is clear- how was 370 abrogated then?ANS: FUN FACT- article 370 was NEVER abrogated. It was only amended to make some changes.(Brother, if you abrogate article 370, you can never take away the special status).Problem c is over.14. What about the consent of the constituent assembly?ANS: The constituent assembly of J&K was dissolved in 1956 and they recommended J&K to be an integral part of India. Their consent was never taken in any future amendments applied using 370.So, you are saying this was not the first time it was done without their consent-YESa. 19th, 21st, 23rd, 24th, 25th, 26th, 30th, 31st, 33rd, 38th, 39th, 40th, 52nd, 61st amendments of the Indian constitution( all these are after 1966- constituent assembly was dissolved then) was made applicable to J&K with such exceptions and modifications by the concurrence of the Legislature of the state but not the constituent assembly. Still, it was legal.b. Jammu and Kashmir constitution 6th amendment act 1965 replaced the word sadar-i-riyasat as ‘Governor’ of J&K. It was done using article 370, without the consent of constituent assembly and it was legal.Congratulations- problem a and c are over. Now moving to b.15. How could you obtain the consent of the state Legislature since they never agreed to remove their special status?ANS: This can be viewed from the eyes of BJP/PDP (Peoples Democratic Party).BJP wanted to remove the special status- for that they needed to win Kashmir Assembly elections.It was impossible for a party to win assembly elections in J&K without a hold in Muslim vote bank of the state (BJP fails miserably there)So, they formed an alliance with PDP.AndIn 2014 Assembly elections (11th assembly elections of J&K), PDP won 28 seats and BJP won 25 seats. (Well done, now you remove the special status).The assembly of J&K consisted of two houses- Legislative assembly and legislative council.The Legislative assembly had 111 members.24 seats were kept vacant for the members from POK (Pak occupied Kashmir)Legislative Council had 36 members, out of which 11 was selected by the Assembly, 8 nominated by Governor, 1 member from Municipal councils of Jammu, Kashmir etc.As expected, PDP never agreed to remove the special status and the alliance broke, and nobody was in power- so as per article 92 of J&K constitution, Governor Rule was imposed in the state.PLAN A of BJP – Form government with PDP, remove special status (failed miserably)PLAN B of BJP – There was no plan B, as they couldn’t win independently there. (Again failed miserably)So, it was almost certain that special status could not be removed in J&K.( I apologize to my readers)16. Then how did you take away the special status?ANS: Article 92 of Jammu and Kashmir Constitution. It was called the Breakdown of constitutional Machinery. (Simply Governors rule)a. In case there is an absence of Legislature in the state (the situation when nobody is there to rule the state), the Governor can assume himself of all powers of the state Government.b. All powers except the High Court of Jammu and Kashmir can be taken up by the governor.c. Such Governor orders have maximum duration of 6 months- if he wants to extend it has to be done by issuing another order.d. If the governor makes any orders as the state government, it will have an effect of 2 years and 6 months normally and have to be replaced by Legislature order to continue the effect.e. All the orders of the Governor has to get approved by the President of India.f. All governor orders will have to be placed before the Legislature, once it is formed in future.So you get it, do you?In the absence of a state legislature, the Governor is assumed to be the State Government.ANDIf he wishes to remove the special status, it can be seen as the ‘wish’ of the Kashmir legislature as long as there was absence of Legislature in the state. Now a new plan, called Plan C was undertaken by BJP.Article 27 of J&K constitution clearly says that the Governor shall be appointed by the President of IndiaAndHe will be the Executive head of the state (article 26)Jammu and Kashmir Governor issued an order on 20 June 2018 under section 92 of the Kashmir constitution imposing Presidential (Governor’s) rule in the state. The state legislature was completely dissolved on 21 November 2018 (nobody could get a majority).After 6 months, on 20 December 2018, the duration was over- Then Indian President under article 356, issued Presidential rule in J&K.Presidential rule expired on 2 July 2019, and it was further extended by the Parliament for another 6 months, where the Judgment day occurred.17. What is article 356?ANS: If the President gets a report from the Governor that Breakdown of Constitutional Machinery has happened in a state, he cana. Take all the powers over the state as the Government of the state.b. All the powers of the state government will be transferred to the Indian Parliament.c. The president can take all powers except the power of the High Court of the state.d. All the Presidential orders has to be placed in Indian Parliament, and passed by both Houses.( if not, it will be invalid after 30 days).e. All orders issued by the Indian President as the state Government will have a duration of 6 months, and it can be continued for another 6 months and go on up to 3 years if parliament agrees.YOU REMEMBER THE DOOR, RIGHT?One side it was Jammu Kashmir legislature and governorOther side it was Parliament and President.NowThere was an absence of Legislature and its powers shifted to the Governor, which in turn shifted to the President and the Parliament of India.Simply speaking, both sides of the door had Indian President and Indian Parliament.But before that, we needed to trial run our PLAN C.THE TRIAL RUN:On January 2019, 103rd Amendment to the Indian Constitution bill was presented at the parliament. The amendment was for providing 10% reservation for EWS (Economically weaker sections) of society in Central Government institutions and Central Government jobs.The conditions were:a. Annual gross household income limit is Rs. 8 lakh per annum.b. Family should not own more than 5 acres of land.c. House should not be over 1000 square feetd. A plot should be less than 100 yards in Municipalities and 200 yards in non-municipalities.e. SC/ST/OBCs are not eligible for EWS reservation.Some state governments too implemented this EWS reservation. Kashmir was one of them.But at the time of implementing the amendment, there was no state legislature in Kashmir (The state was under Presidential rule).The Governor, on behalf of the President, passed the amendment which was to be passed by the Kashmir legislature.That was a trial run.If it was legal and constitutional, then the amendment to remove the special status can also be passed by the Governor, on behalf of the President as the Executive head of the state.To our surprise,It was legal and 10% reservation for EWS was implemented in J&K.The trial run was a success.The JUDGEMENT DAY arrived.(Knock Knock.)Governor of J&K alias President of India: Hello Mr. President, what do you want to pass through 370?President of India: I want to apply entire Indian Constitution to the state of J&K.Governor of J&K: But sir, for that you would need to destroy this door.President of India: There is no need of that, it can be done without destroying the door.Governor of J&K: How?President of India: Destroy the wall(BOOM)And finally, the place looked like this:The entire wall (constitution applicable to J&K order 1954) was destroyed but the door, article 370 was kept in place. Every condition was satisfied, every elements and moves were ‘constitutional’, and the entire process was completely legal. This is how you utilize the loopholes in the constitution.18. How did the President modify 370 to apply Indian constitution?ANS: On 5 August 2019, Indian President issued a notification known as the Constitution (Application to Jammu and Kashmir) Order using article 370, along with the concurrence of the state government (Governor)a. It replaced the Constitution(Application to Jammu and Kashmir) Order 1954 (The wall was destroyed)b. All the articles of the Indian Constitution was applicable to Jammu and Kashmir with 2 modifications- article 367 and 370 was modified with the consent of the State, and parliament.c. In article 367, references to sadar-i-riyasat was changed to Governor and ‘Government’ was to be considered as Governor of State.d. Article 370- the word “constituent assembly” was replaced with “legislative assembly”.Thus, all loopholes were closed and Kashmir ‘constitutionally’ and ‘practically’ became an Integral part of the Indian Union. All special rights and privileges were abolished and since there was an absence of Legislature, the powers shifted to Parliament.19. How was Kashmir divided into 2 union territories?ANS: Under article 3 of the Indian Constitution, the parliament cana. Form a new state from a state(Andhra-Telengana)b. Unite two or more states or part of states or add a union territory to a state or divide a state into union territories.c. Increase/decrease the area of a state, change the boundaries and name of the state.ANDIf c is involved, then the bill has to be moved to the state Legislature by the President for expressing the states opinions as long as the President wishes to.Thus using article 3, The Jammu and Kashmir Reorganization Bill was introduced in the Parliament on 8 August 2019.20. What was the conditions of the reorganization bill?ANS:a. Union territory of Ladakh was formed by uniting Kargil and Leh districts of J&K.b. All remaining districts of J&K would form a new union territory called Union territory of Jammu and Kashmir.c. J&K Governor was appointed as the Lieutenant Governor (Administrator) of Union territory of J&K and Ladakh.d. 4 Rajya Sabha MPs from J&K would continue as representatives of Union territory of J&K.e. 5 Lok sabha seates will be for UT J&K and one for UT Ladakh.f. Lok Sabha MPs from J&K would continue.g. UT J&K would be like UT Puducherry, under article 293A(Union territory with a legislature)h. UT J&K will have 107 members- out of which 24 remains vacant until POK is merged.i. SC/ST will have seats reserved in UT J&K elections.j. 2 women can be nominated by Lieutenant Governor to UT J&K.k. The period of Legislative assembly shall be 5 years. There will not be a Legislative Council.l. Delimitation Act 2002 will be applicable and constituencies will be based on 2011 census. CAG will be applicable to both UTs.m. High Court of J&K would be the common high court of both UTs.21. What was the need for a reorganization?ANS: The statement of objects and reasons of the bill says why it was needed to divide the state into 2 union territories:a. Ladakh is large in area but sparsely populated with a difficult geography. There was a long demand by people of Ladakh to make it a UT.b. Internal security, cross border terrorism are the issues behind creation of UT J&K.The laws that are now valid in UT J&K and UT Ladakh:1. AADHAR Act 20162. Code of civil procedure 19083. CrPC 19734. Consumer protection Act 19865. Dissolution of Muslim Marriage Act 19396. Dowry Prohibition Act 19617. Family Courts Act 19848. Hindu Adoption, Maintenance Act 19569. Hindu Disposition of Property Act 195610. Hindu Marriage Act 195511. Hindu Minority and Guardianship Act 195612. Hindu Succession Act 195613. Christian Marriage Act 187214. Muslim Personal Law(Shariet) Application Act 193715. Muslim Women(Protection of Rights on Divorce)Act 1986.16. National Commission for Minorities Act 199217. National Commission for Minority Educational Institution act 200518. National Security Act19. Prohibition of Child Marriage Act20. Protection of Children from sexual offences Act21. Indian Penal Code(IPC)The list goes on and on. If you want to have the complete details of such laws you can refer Jammu and Kashmir Reorganization Bill 2019.Scrapping the special stats was indeed constitutional.In this article, I have tried to cover legal aspects of the special status of J&K and it’s abrogation. The political history of Kashmir and border issues with our neighbors are not discussed in this article. I hope to write another article explaining the political history of Kashmir.My references were the documents mentioned in the beginning, Hindu newspaper and I got many corrections and clarifications from Dr. Subramaniyan Swamy’s speeches.My message to my friends is that if you find it difficult to express your opinion on a matter which has been undergoing a political debate due to the fear that you would be forced to associate with a political ideology,AndDue to that reason you choose to remain neutral always in a scenario can be overcome with a legal analysis of the situation- because the law does not differentiate- Kashmir issue can be explained on 2 ways – one legal and other political. I choose the first one- but that’s the most difficult one too because once you try to read the above documents- sections, clauses, sub sections…. You get mad normally.So I tried to explain the issue on a Question and answer basis and a short story basis.Images used are subject to copyright from the respective owners.Sathyameva JayateHarisankar Arun(feel free to comment on any corrections and clarifications)

The structure of your query is in the form of:1.Cause2.Effect3.Solution by participation.Let's take each case one on one.1.Cause: Shops being demolished.Since you asked this question, you must he aware that the Hon'ble High Court ordered the administration to remove encroachments within a stipulated time frame, using 'all their might.’ It was a Public Interest Litigation, in which a simple question was answered and the rule of law upheld, with provision of appeal to highest court. Insofar as the rules are concerned, a state subject of municipality and government/public roads/land is hardly able to stand in a higher court if appealed, on the basis of the list of arguments already undertaken by the High Court. Now, the ambit of the order does cover all encroachments, depending on the best available reliable document, which is somewhat dated, but a government document nonetheless. The court can only frame additional guidelines if atleast one respondent raises the question of the parties affected on a limited list of causes, maybe there was no such representation made, maybe the court found the encroachers guilty beyond suspicion and had not to extend the orders besides asking the original state of roads/walkways to be restored. Simply, it means no representation was found worthy of being adjusted to in the final verdict. In a PIL, such representations are quite possible.2. Effect: Loss of property, opportunity and means of earning/employment.A property is considered valid with it's rights and duties if it is legal. Merely paying taxes on an illegal property does not make it legal. From time to time, the government or the courts have the power to declare the means of assessment for legality and validity. All employment generated from such property may automatically be illegal, or atleast not valid to be claimed for rights, even if duties such as proper upkeep, taxes paid or hire of services such as electricity, water and so on. The government is really limited in securing the right to opportunity under private means of employment, it can't dictate people to take up any ploy, or allow them any services while unemploying due to any reasons. No one not on government rolls has anything to do with losing work or earning. Yes, there must be favourable conditions for employment and it is checked by various means such as corporate tax, business registration etc. There should be no discrimination and anyone able to work may be adequately compensated to survive compared to any other person that may similarly survive with the lowest pay and perks on a humanitarian and just basis, known as pay/compensation etc. Private firms do not depend on the government to provide funds for work-pay and hence the government can't help them in case of a risk such as closure, stoppage of work or demolition. Just because someone did not know this doesn't mean their paycheck should be borne by the government.But yes, there are provisions of unemployment support from the government, and it is really limited. No state government has come forward to make any modifications to it, and never considered a respectable compensation since the vote-bank of such unemployed individuals is too small compared to, say, people who vote on the basis of subsidies or caste/regionalism. It just doesn't cover all the bases, unlike universal basic income or social security as done in advanced economies of the western countries.3.Solution by participation.Creativity is hard to come by during times of distress. In order to survive in any business, some creativity is always present in manner of operations, management or business accumen. In this case, creativity with the right effort is required, and also a major concern of the provisions of law. Any solution must adhere to these basic principles.The court has already advised the law and order to impose curfew, vide sec. 144 and to file contempt, FIR and recover charges from the parties that do not cooperate on the phased manner of operations.The window to the probable discussions on solution was already closed when no representations were received during the course of PIL being heard. The local government could also have made themselves party to the suffering of the people, and so could any civil society association or person.Now to stop the activity, as originally asked in the question, those who may present documents citing sensitive areas (being already granted security by means of CISF, Military or deemed of national importance such as historical places and corporates) may act on their proven clauses on which they may be allowed relaxation of time, a chance of hearing or a minuscle delay from the courts. On case to case basis, such parties may even succeed in being granted stay orders, permitted their clauses are heard and vetoed valid.The other group may use their clout and influence to have either a delayed action or revisions in mapping/estimation. The order is of the nature that does away with the usual ways people can hamper the work of a government official or use bureaucratic red tape to achieve desired outcomes.Finally, the individuals who are affected may best be heard only on logical and humanitarian causes of being treated fair and just. In due course, the damage may already be done and they may be left with no place to return to.There's a limited provision to rehabilitate persons, but since the road/land isn't being aquired for any purpose, simply reclaimed, such requests won't be heard.Individuals may consider an appeal to the Hon'ble courts for considering their list of common demands with respect to securing their livelihoods and having enough representable persons with common social status and income. As frequently seen, a rich representative for a community of poor isn't a good idea to beckon against the courts, the appeal may linger on, but no positive outcome may be guaranteed when the leadership itself is questionable.The best way out would be to establish a cooperative of resettlers, with insurances of health and temporary shelters granted by the government. They may be provided some opportunities in nearby industries and Special Economic Zones with regard to employability and qualifications. Those finding better opportunity elsewhere may migrate and lose their cooperative deposits or insurance. Those choosing to remain can develop solutions under govt schemes or urban/rural housing and self help groups, part time jobs and demand social welfare until they fully integrate back into the social and economic setup.Now, talking about creativity, as mentioned at the beginning of point 3:People born before the 70’s wouldn't agree, but if the main accused are shopkeepers and their primary concern is about their possessions, the stock or colloquially 'maal' (in Hindi), then there is a very trendy and easy alternative of selling online. They just have to find one web developer, a photographer and stock their items with a dispatch courier and they will get sold off, shop or no shop. Such warehousing won't work of course if the primary nature of the stock is of inferior quality or if the primary buyer is oblivious to online shopping. But if human rights can be invoked in favour of some illegal activity, this suggestion may equally hold value on the scale of hapazard means to achive an objective.It's important that those affected know that there's more to life and since disruption is in trend, start-ups and small scale industries, city -based solutions provide ample opportunity.If we keep blaming traffic or congestion, do note that people will hire an ac cab to offset the problem of time with their money. Anyone providing simple services based on people-centric solutions is likely to suceed. Some people can really through problems and devise clever solutions so that people equate convenience against money and such an enterprise is likely to succeed.There are enough old people in the city who can employ runners for daily chores.Anyone losing their shop can still list their inventories online and get sales by arranging deliveries direct to door.People losing key businesses can approach companies who may be interested in having boutique in-house services, providing space and logistics.Tie-ups with schools can allow many to shift their principal place of work and yet stay in the business.Apartments and large housing projects may be approached to provide commercial space in exchange for services.The affected may gather every week to encourage and support each other and use social platforms to garner support and discuss future outcomes, rather than blaming the past. A weekly radio show or a video release may also highlight their plight and inspire others with success stories to move on with life.People haven't lost their franchise to vote, only place of business and prime source of earning. They should be able to have their role in electing local bodies who provide realizable alternatives, not fake/illegal promises.Do also note that people will also vote against encroachment, and that the government or the court have no obligation to authorize illegal activities.For people who wouldn't agree to anything contained herein, who have a single sentence answer to every illegal activity being justified in some or other way, please go through the following reading of the order, which may dwell upon you that going into the details of anything in a court is likely to yield justice, in which the key functionaries in the government are warned to be liable for contempt for deriding the provisions of law:Uttaranchal High CourtManmohan Lakhera vs State Of Uttarakhand And Others on 18 June, 2018IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No.47 of 2013 Manmohan Lakhera ... Petitioner Versus State & Ors. ..... Respondents Mrs. Prabha Naithani, Brief Holder for the State-respondent nos.1 to 3 Mr. S.S. Chauhan, Advocate for respondent no.5 Dated: 18th June, 2018 Coram : Hon'ble Rajiv Sharma, J.Hon'ble Lok Pal Singh, J.[Per: Hon'ble Rajiv Sharma, J.] This petition was treated as PIL on the basis of letter sent by Mr. Manmohan Lakhera, Journalist highlighting therein the encroachments made on the public path by unscrupulous persons. The scope of this petition was enlarged from time to time.2. The affidavits have been filed by the District Magistrate, Dehradun. According to the latest affidavit filed by him, a meeting was called by him on 10.07.2014 for removal of encroachment over footpaths. The encroachments are removed on 06.06.2013, 07.06.2013, 10.06.2013, 11.06.2013, 12.06.2013, 13.06.2013 and 14.06.2013. The road wise list of removal of encroachments was filed as Annexure No.C.A.2 (Colly).3. The massive drive was launched for removal of encroachments. However, the fact of the matter is that, till date, the encroachment is being made with impunity on the public paths. The affidavits filed by the private parties were taken into consideration but not found satisfactory.4. According to the Gazetteer of Dehradun, written by H.G.Walton, ICS, First Published in 1910, a municipality, and the chief town and head quarters of the Dehradun district, is situated in north latitude 30019" and east longitude 7805",' at an elevation of 2,300 feet above the level of the sea, slightly to the east of the watershed line between the Ganges and the Jumna systems, occupying a plateau defined on the east by the Rispana Rao and on the west by the Bindal. Between these rivers lie the city and civil station, and beyond the Bindal are the cantonments. The town of Dehra was constituted as a municipality in 1867, and at that time its boundaries enclosed as area of only some 3½ square miles. The last alteration was made in 1909 with the object of including within municipal limits the villages of Hathibarkala and Dalanwala. New cantonments have also come in the area. This is a favourite settlement for Gorkha pensioners.5. In sequel to the directions issued by this Court, Shri Rajeev Sharma, President of District Bar Association Dehradun has filed a very comprehensive report. The report is accepted. We will deal with the issue of encroachment road-wise/area-wise.6 The Commissioner has visited the Chakrata Road on 14.04.2014. It is the main road leading from Clock Tower to Vikas Nagar. The worst affected area is about 500 mts. approx. starting from Clock Tower to Prabhat Cinema. Encroachment was removed in the year 2012. The shopkeepers, whose shops were demolished, were allotted shops as alternative for rehabilitation. The drive was undertaken for widening of the road. According to the G.O. 2123/V-2011-01 (vkŒ)/2011, minimum 2 mts. set back was required from the main road. This norm has been flouted with impunity. This could not happen without the connivance and collusion of the State officers/officials as well as the employees of MDDA. One glaring example of encroachment on Chakrata Road is by Mandir Samiti, Clock Tower. The portion of the Mandir property was demolished. The Mandir Samiti was allotted two shops at the MDDA Complex, however, despite that, fresh encroachment has taken place in triangular shape by the Mandir Samiti by putting angle iron and tin. The vehicles are also parked haphazardly on this road leading to frequent traffic jams. For reasons best known to the MDDA, the property of some of the shopkeepers has not been brought within the scope of demolition near the MAZZAR.7. One more glaring example is of Prabhat Cinema. The State functionaries and the employees of the MDDA, to give undue benefit, have changed the alignment of the road itself, leading to further chaos on the road. There is large scale encroachment on the footpaths and the commercial establishments have kept their big generators on the footpaths causing great inconvenience to the pedestrians. The placing of generators right on the footpaths, besides causing inconvenience to the pedestrians, is a constant source of noise as well as air pollution. The MDDA itself has notified 850 khokhas on this road which have been permitted to mushroom without authority of law. There are about 12 to 15 illegal tin shops on the left side of the road near the Bindal bridge. The footpaths are occupied unauthorizedly by putting up temporary stalls. After the Bindal bridge, there is Kishan Nagar Chowk and Ballupur Chowk, which have been encroached upon by the shopkeepers. Big sweet shop such as Uttar Sweets has extended its shop on the road. The customers parked their vehicles in front of the shop, which make the condition worse. The Standard Bakery has also constructed illegal shed and has extended its shop on road. Near the Central School and ONGC Community Center, the road has been encroached on both the sides by unauthorized occupants.8. Now we will advert to Saharanpur Road. It is also the main road leading from Clock Tower to Delhi - Dehradun Highway. It is the most crowded road of the Dehradun Town. The first patch of the road which starts from Clock Tower to Prince Chowk is choked with temporary encroachment. The area has been encroached upon by roadside shopkeepers. The shopkeepers have extended their shops beyond the permissible limits. At Darshan Lal Chowk, there are 10 to 15 illegal khokhas on the road disrupting heavy traffic. On the streets, small restaurants and food stalls, during the night period, are run in unauthorized manner causing nuisance and menace to the public at large. The main Arhat Bazar, as per government record, was shifted to Main Transport Nagar. The businessmen were given compensation and shops in Main Transport Nagar in lieu of part of their property demolished in the road widening but the position is still the same. After crossing the Lakhibagh police chowki, there is again a bottleneck. The shopkeepers backed by politicians have encroached upon the government land. The Arhat Bazaar, though on papers has been shifted, but it still is in existence and is a constant bottleneck. It takes about 45 minutes to travel from Clock Tower to Saharanpur Chowk.9. Now the Court will advert to Nehru Colony. This Colony is located on Haridwar Road. It was initially developed by Awas Vikas Parishad. It was the first duly approved residential colony of Dehradun. The majority of residential buildings have been converted into big showrooms causing inconvenience and nuisance to the local residents. The Nagar Nigam vide letter dated 25.04.2017 has admitted that the majority of residential buildings have been converted into commercial. It was astonishing to note that in one particular building 221-B Nehru Colony, a huge photo studio named as Khalsa Studio was being run and on the first floor a full fledged educational academy called "BSC Academy" was being run.10. The position of Rajpur Road is equally bad. This road starts from Clock Tower and leads to Mussoorie. Though the basements were approved for parking but these are being used for commercial purposes by the big business establishments including shopkeepers. The footpaths on the Dilaram Bazaar, constructed by MDDA, have been occupied. From Dilaram Bazaar to Hotel Madhuban, there are about 50 shops on the left side of the Rajpur Road. Most of theillegal khokas on this street are eateries. The footpaths are occupied unauthorizedly. Near Gandhi Park, the footpaths have been encroached upon by the cobblers, astrologers and beggars. The pedestrians cannot move freely in this area. The shopkeepers display their merchandise on the streets. 8 ft. wide footpath is reduced to few feet only. There are thelas and rikshaws parked on this area. There was a footpath near the Clock Tower named as the New Market. In this area, the shopkeepers display their merchandise without authority of law. There are traffic jams on these roads and the police has not taken any effective steps to regulate the same. The land near the Parade Ground is also encroached by the illegal Khokhas and temporary structures. The Nagar Nigam has illegally permitted holding of "Sunday Bazaar" by the shopkeepers.11. Now, we advert to Karanpur Bazaar, which is one of the oldest bazaar of Dehradun. The 30 feet wide market road is fully encroached upon. The government land has been given for even opening of ATMs by public banks. Even the Nala on this road has been encroached upon. The vehicles are parked haphazardly on this road. There was large scale encroachment made by Maheshwari Sweets to the extent of 10 fts., however, no steps have been taken by the authorities to remove the said encroachment.12. We will now advert to Araghar and Dharampur area. This road was visited by theCommissioner on 22.04.2014. It is a VIP road. This road is also encroached by the shopkeepers. Few of them are also running the workshops. Shops to the extent of 2 to 3 fts have been extended towards the road. It was also undertaken by the Nagar Nigam in Public Interest Litigation W.P. No.283 of 2004 (M/B) that the Sabzi Mandi will be shifted to some other place. The Nagar Nigam shifted the sabzi mandi on the road adjoining to LIC Zonal Office at Dharampur. The shopkeepers who were supposed to shift from the old place did not shift. Now they have kept two shops, one original shop and one allotted to them by way of rehabilitation.13. Haridwar Road is the main road connecting the city with Rishikesh-Haridwar Highway. The establishment has permitted the unauthorized vegetables and fruits shops on the road. The temporary structures are being run in abundance on this road.14. There are other very important areas of Dehradun including Paltan Bazzar, Dispensary Road, Hanuman Chowk, Sarnimal Bazaar, Tehsil and Jama Mazid. The entire drain from the clock tower to the end of the Paltan Bazaar is 100% encroached by the shopkeepers. The footpaths are also encroached by the shopkeepers. They have fixed their own tiles on the footpaths. None of the shops are within the permissible limits. The total width of the market is 30 ft. but only 10 ft. of open space is hardly left. The Dispensary road is also the worst affected area. The MDDA had recently constructed a multipurpose complex and allotted number of shops to the local shopkeepers who were shifted from the main road, however, the entire road is again encroached upon by the fruit and vegetable sellers. The vehicles are parked haphazardly near the multipurpose complex. 15 to 20 shopkeepers have encroached upon the Dispensary road. The dry fruit merchants have extended their shops near Zama Maszid area. Same is the plight of Sarnimal Bazaar. The shopkeepers have extended their shops around 6-7 feets on both sides.15. The roads that were 30-40 fts. wide on Prem Nagar Cantonment are also encroached upon. The pedestrians are not in a position to walk on roads. The shopkeepers are charging monthly rent for letting the fruit sellers and vegetable sellers sit in front of their shops. It has further compounded the situation. The area starting from Subhash Road is again an example of lawlessness. The residential houses have been illegally converted into commercial complexes.16. The gist of the report is that the shopkeepers are firstly allotted temporary structures. These people convert them into pucca structures and thereafter they encroach on the government land. The shopkeepers, though allotted new shops, do not leave their old shops. The so called encroachment drives undertaken by the Nagar Nigam and the MDDA are mere eyewash. The Officers who permit the conversion of temporary structure to pucca structure and encroachment on the government land, municipal land and MDDA land, are not punished. It has come on the record that the District Administration has convened a meeting on 10th July, 2014 to get rid Dehradun from encroachment on public land, more particularly the footpaths, before the one man Commission was constituted.17. The fact of the matter is that despite repeated directions issued by this Court, neither the State Government nor the MDDA nor the Nagar Nigam Dehradun has taken any effective steps to remove the encroachment from the public streets/pavements. Public streets are for public convenience. These should be free from encroachment. The citizen must have a free access to footpaths. The Court can take judicial notice of the fact that the children and elderly people also use the footpaths. The menace is so alarming that even the road, which are 30 fts. wide, have been reduced to mere 7-8 fts. The shopkeepers, firstly, are permitted to construct temporary khokhas and, thereafter, they make them pucca. There are permanent bottlenecks as noticed in the report, and highlighted by us. The footpaths are being permitted to be used for placing big generators causing noise and air pollution. The shopkeepers are permitting the vegetable and fruit vendors to sit in front of their shops. The residential premises have been converted into commercial complexes, more particularly, in the oldest colony i.e. Nehru Colony. Similar is the plight of other localities. The residential houses on the Haridwar road have been permitted to be used as commercial purposes. The basements, which are to be used primarily for parking lots, are being permitted to be used for commercial ventures. There are chaos all over Dehradun. The traffic moves at snail's pace. The public authorities cannot be oblivious to the loss of precious time of commuters. The Court can take judicial notice of the fact that the roads, encroached upon with impunity with the connivance and collusion of the authorities, are also ridden with garbage. Every citizen has a right to access to footpaths, roads, parks and public utilities under Article 21 of the Constitution of India. It is the duty cast upon the MDDA and the Nagar Nigam to keep the roads clean. Recently, there was a strike by the Safai Karamchari which further deteriorated the position. There was no alternative plan available with the Nagar Nigam and MDDA. The garbage was not removed from the streets for days together. The respondents are putting wool over the eyes of the Court by giving assurances from time to time that they are doing their best to remove the encroachment, but till date, Dehradun town is still suffering from this menace. The decision was taken by the High Power Committee on 10 July 2014. We are in 2018. Since then, the things have worsened instead of improving. The simple reason for encroachments, extension of shops and unauthorized construction is manifestation of the human greed with the collusion of functionaries of government and municipal bodies. The employers did not take any disciplinary action against the persons responsible for keeping the cities and towns free from encroachment.18. We live in a democracy. The rule of law should prevail. There is sufficient material on record to suggest that there is living anarchy as far as city of Dehradun is concerned. The cities/towns should provide quality living. The towns have been reduced to the status of slum areas. The slum areas are permitted to mushroom. Every city/town has a carrying capacity. Dehradun was once known for its aesthetic beauty. There are important institutions in Dehradun likeIndian Military Academy, ONGC, Survey of India, Forest Research Institute, etc. Schools of international fame and universities are also situated in Dehradun. Dehradun is the seat of governance but there is an old proverb "Nearer the Church, the farther from God" (nhid rys v/ksajk). If that is the plight of the capital city, we can visualize the situation prevailing in other towns and cities in the State of Uttarakhand. Recently, a report has come that the quality of Dehradun city was bad. The river Rispana flowing through the heart of the town has been reduced to the status of sewer (worse than nala). How the functionaries of the State capital are oblivious to this, is beyond our comprehension. There has to be sensitivity in the system. Every person serving in a public system is accountable for his acts. Encroachment, unauthorized constructions, coming up of slums is a grim reminder of callousness on the part of the authorities concerned.19. Accordingly, on the basis of material placed on record, more particularly, as per the report submitted by Mr. Rajeev Sharma, Chairman/President of the District Bar Association Dehradun as per the order dated 25th July, 2014, we issue following mandatory directions:i) The Municipal Corporation/MDDA/ State functionaries are directed to remove all the unauthorized encroachment on public footpaths/ streets/ roads/ pavements including unauthorized constructions made over them within a period of four weeks from today by using its might. It shall be open for the State functionaries to impose Section 144 of Cr.P.C. while removing the demolition of illegal structures built on government and municipal land/footpaths/streets.ii) The Chief Secretary to the State of Uttarakhand is directed to initiate disciplinary proceedings against the officers/officials, during whose tenure, government land/municipal land/forest land have been encroached, with impunity, by the unscrupulous people. The disciplinary proceedings shall be commenced for imposition of major penalty. We authorize the Chief Secretary to the State of Uttarakhand, to constitute the nodal agency to supervise the disciplinary proceedings to be initiated against the officers/officials who were found remiss in discharge of their statutory duties. It is made clear that no officer, be it of any rank, shall be spared. The axe should not fall on lower class employees alone.iii) The State functionaries/MDDA and the Nagar Nigam Dehradun are directed to seal all the residential premises which are being misused as commercial purposes including basements within a period of three weeks from today. It is made clear by way of abundant precaution that if the basement areas, which are meant for parking vehicles, are not used for parking purposes, the entire commercial building be sealed.iv) The persons who have taken advantage of rehabilitation policies, but have not surrendered their shops at the old places, their new leases shall be cancelled and themunicipal/state functionaries shall take over the shops. The same shall be auctioned again in accordance with law to maintain rule of law.v) The State Government is directed to carry out necessary amendments in the building bye- laws of the Nagar Nigam Dehradun and MDDA that no unauthorized construction is compounded to arrest the tendency of the people to raise unauthorized construction by paying meager compounding fee. The compounding of entire unauthorized construction is against rule of law.vi) The Director General of Police to the State of Uttarakhand is directed to ensure that there are no traffic jams in Dehradun city to avoid wastage of precious time and inconvenience to the commuters and pedestrians.vii) It is made clear that in the eventuality of the directions not being implemented in the time frame, given hereinabove, the Court may recommend supersession of the Nagar Nigam by the State Government. It is made clear that after the removal of the encroachment, demolition and unauthorized constructions, it shall be the responsibility of the State officers/officials and MDDA to maintain constant vigil that the land is not reoccupied.viii) Unscrupulous people have been permitted by the State functionaries to raise unauthorized construction in the river bed as well as on the banks of river Rispana. The respondents are directed to restore the "Rispana River" which is an important tributary of Ganges, within a period of three months from today. The encroachment on both banks shall be removed within three months from today.ix) The entire State of Uttarakhand is in Zone 4-5 seismic activity. New buildings can be permitted to be constructed after receiving the report from the structural engineer.x) The Director, Health Services to the State of Uttarakhand/C.M.O./Health Officer of Municipal Corporation Dehradun shall submit day-to-day report to the Registrar General of this Court about the cleanliness in the city of Dehradun after visiting the spot every 24 hours.xi) Respondents are directed to submit compliance report before the Registrar General of this Court.xii) The Secretary, Public Works Department shall be the Nodal Agency to implement thedirections issued by this Court, hereinabove, and in case of non-compliance, he shall be personally liable for contempt as well as disciplinary proceedings.20. With the aforesaid observations and directions, present petition stands disposed of.(Lok Pal Singh, J.) (Rajiv Sharma, J.) 18.06.2018 18.06.2018 Rajni