Excelsior Correspondent
Srinagar, Nov 4: The Srinagar Municipal Corporation (SMC) today attached a property at Allochi Bagh here after the Special Tribunal took a stern view of “disobedience,” holding its owner guilty of wilfully violating a court-ordered status quo on construction.
The attachment was carried out by Enforcement Officer (South) Reyaz Ahmad, along with the field staff and the local ward team, in compliance with the Tribunal’s order.
The order was passed by Tribunal Chairperson Rukhsana Gani against appellant Karanjeet Singh of Batamaloo in a case brought by the SMC.
The SMC had filed an application alleging that Singh violated an interim status quo order dated July 18, 2024.
The order was issued to preserve the existing condition of a property at Allochi Bagh Bund, which was under dispute pending the Tribunal’s final decision.
The Corporation presented photographic evidence showing that despite the order, Singh had undertaken several activities at the site.
These included the removal of shuttering, installation of electric fittings and CCTV cameras, and the fixing of doors.
The SMC argued that these actions constituted a clear breach of the Tribunal’s directive.
Karanjeet Singh’s counsel defended the actions, stating that the removal of shuttering was necessary as the rented material was deteriorating and did not involve any construction.
A key legal argument advanced by Singh’s counsel challenged the Tribunal’s very authority to initiate disobedience proceedings under Order 39 Rule 2A of the Civil Procedure Code (CPC), which deals with punishment for breaching an injunction.
However, the Tribunal rejected this argument.
In its detailed order, it held that while it derives its powers from special statutes like the J&K Municipal Corporation Act, its status quo orders are a “species of temporary injunctions” and are guided by the principles of the CPC.
It relied on a judgment from the High Court of J&K and Ladakh to affirm its power to punish for disobedience of its interim orders.
“The non-applicant is held guilty of committing wilful breach of the injunction order dated 18.07.2024,” the Tribunal stated in its order.
Exercising its powers under Order 39 Rule 2A CPC, the Tribunal directed the Commissioner of the SMC to carry out the attachment of the “single-storeyed residential house” at Allochi Bagh Bund.
The attachment will remain in force for one year, court ordered.
Additionally, the Tribunal ordered the forfeiture of a security bond of Rs 15 lakh submitted by Singh.
The SMC was directed to report compliance by November 4, 2025, which it did, and to submit periodic reports with geo-tagged photographs.
The order also warned that further disobedience could lead to civil imprisonment for the property owner.
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