PIL regarding unauthorized construction of hotel in residential area
DB grants three days to SM C for filing better compliance report
JKUT (Jammu), November-30-2021-( JNF):- Division Bench of Jammu & Kashmir High Court Srinagar wing comprising Chief Justice Pankaj Mital and Justice Mohd Akram Chowdhary while hearing a petition on converting a residential building into commercial affecting the privacy of the residents of Gogji-Bagh area of Srinagar, directed Srinagar Municipal Corporation to file better compliance report pursuant to the Order dated 05.10.2020, clearly responding to all the shortcomings which have been pointed out by the aforesaid order.
DB also directed that the compliance report should be supported by the affidavit of the Commissioner, Srinagar Municipal Corporation. He will also indicate the action which was taken on the complaints received by the neighbors or the residents of the area regarding unauthorized construction being raised by respondents 5 & 6.
While going through the status report, DB observed that “We are at pain to say that the status report filed on behalf of the Srinagar Municipal Corporation on 16.08.2021, is not up to the mark and it fortifies the fact as indicated in the order dated 05.10.2020, that the officers and the staff of the Srinagar Municipal Corporation are in league with the respondent No. 5 & 6”.
It is worthwhile to mention here that on October 5, 2020 the Division Bench while hearing PIL on converting a residential building into commercial affecting the privacy of the residents of Gogji-Bagh area of Srinagar, directed that the construction on spot be stopped and in the meantime a team by SMC be deputed to take photographs and video of present construction in question without any delay. “The exact measurement of the construction and the status thereof in the building shall also be noted”, DB directed.
The SMC had issued an order vide number 3439of 2018 dated 27/11/2018 in favour of Habibullah and Rashid Anwar allowing the construction two-storied two residential houses at Gogji Bagh Srinagar, however, the owner resorted to violations and later managed to get an amended order converting the residential order into commercial.
Court on casual approach of SMC officials and allowing the conversion of building from residential into commercial directed to inform it the name of Khilafwarzi Officer, who remained posted in the area during the period of construction.
“The report shall be submitted on or before the next date of hearing regarding violations made in the construction as compared to the sanctioned plan irrespective of compounding allowed by the Tribunal”, court added. while castigating the Presiding Officer of Tribunal Abdul Majid Bhat said the manner he is passing orders ‘does not inspire confidence’. Court recorded that many orders passed by the Presiding Officer-Bhat were challenged before the High Court as well. “Compounding has been allowed of major violations ignoring the provisions of Rules and Regulations. In the case in hand, even principles of natural justice has not been followed as neither the counsel for the Corporation was heard nor the applicants who had filed application for being impleaded in the appeal were apprised of the date of hearing”, DB observed to Presiding Officer of Tribunal. Court has referred the Supreme Court rulings on such issues and keeping in view of enunciation of these rulings deemed it proper to direct the Tribunal to send soft copies of all the orders passed by it to the Registrar Vigilance of High Court from the date the Presiding Officer-Bhat has joined there. “At the first instance orders passed under the Control of Building Operations Act be sent. The needful be done within a period of one month from the date of receipt of copy of this order”, DB ordered. As the residents of the area approached the SMC about the violation of the building permission by Bhat, they issued a demolition notice. The owners approached the Special Tribunal who directed for status quo on spot be maintained. Concealing pendency of these proceedings, the owners approached the Civil Court praying therein that they be allowed to raise construction in terms of the sanctioned plan. Court of District Judge Srinagar passed interim order and construction was again started. JNF