HC directs Secy H&UD to submit list of violators in Srinagar

19/11/2019

JAMMU, NOV 18:In a petition filed by Abdul Qayoom Dar seek reversal of the Order No. 85 of 2019 dated 02.07.2019, for short impugned order, by virtue of which the respondents 5 and 6 have been granted the Building Permission for construction of ground + four storeyed building with Stilt Parking in ground floor and surface parking with first floor, second and third floor for mix use/ commercial building and fourth floor for residential purposes on a plot of land comprising survey No. 2726 situated in Estate Natipora, Naik Bagh, Nowgam, Srinagar, on the terms and conditions contained therein.
The challenge is laid on the varied grounds with particular reference of it being bad in law. The petitioner has stated in the writ petition that he is resident of the area where the construction, in terms of the impugned order, is being undertaken by the respondents 5 and 6. It is stated in the writ petition that respondents 5 and 6 had initially started raising illegally 02 single storeyed commercial building adjacent to the petitioner's house which was objected to by the petitioner and a civil suit was also filed by the petitioner before the court of 1st Civil Subordinate Judge, Municipal Magistrate, Srinagar, and a direction was given to respondent no. 4 to visit the spot and submit detailed status report vis-a-vis construction raised and violation if any observed of the building bylaws/ permission order. The petitioner further states in the writ petition that building permission Order No. 3156 of 2018 dated 07.08.2018 had been granted in favour of respondents 5 and 6 but the said building permission was not executed. Thereafter, one more building permission under Order No. 104 of 2018 dated 24.09.2018 was granted in favour of respondent no. 5 and 6 in modification of Order No. 3156 of 2018 dated 07.08.2018 for construction of residential house semi-detached.
Justice Ali Mohammad Magrey after hearing both the sides, directed Principal Secretary to the Government, Housing and Urban Development Department to ensure supplying of information about the violation of building permissions/ illegal constructions being carried out in the Srinagar City within four weeks.
High Court further directed Commissioner, Srinagar Municipal Corporation to ensure that the building in question is sealed within two (02) days and the same is put on superdnama with an officer to be appointed by the Divisional Commissioner, Kashmir. The officer upon having taken over as superdar shall prepare an inventory of the sealed structure and submit report before this court within two (02) days, copy whereof shall be sent to the Divisional Commissioner Kashmir and Divisional Commissioner, Kashmir, shall also record his satisfaction as regards the sealing of the structure and the report of the superdar, and submit his report to the Court before the next date of hearing.
High Court further directed Senior Superintendent of Police, Srinagar, shall coordinate with the Commissioner, SMC, for ensuring hassle free sealing of the structure and submit a report to this in this behalf.

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