Illegal construction case
Excelsior Correspondent
JAMMU, Apr 28: In a significant development in a high-profile corruption case, the Court of Additional Special Judge (Anti-Corruption), Srinagar, has found prima facie evidence against several Srinagar Municipal Corporation (SMC) officials and a private beneficiary for allowing large-scale illegal construction in violation of sanctioned building norms.
The case stems from a Joint Surprise Check conducted by the Vigilance Organization Kashmir (now ACB), which exposed glaring deviations in a commercial building constructed behind Khyber Hospital, Khayam. As per the sanctioned plan, the structure was permitted with a plinth area of 2685 sq ft and a height of 45 feet, but the actual construction allegedly extended to 3692.5 sq ft with a height of 67 feet, including an unauthorized additional floor and illegal servant quarters.
Investigations further revealed that the ground floor, originally approved for stilt parking, was converted into a restaurant and reception area, while mandatory setbacks were also grossly violated.
The prosecution alleged that the accused public servants, including ward officers and building inspectors, entered into a criminal conspiracy with the beneficiary and deliberately ignored violations for pecuniary gains.
The court noted that officials failed to report deviations and allowed illegal construction to continue unchecked, thereby conferring undue advantage upon the builder.
Rejecting the defence arguments that deviations had been later compounded with fines, the court observed that at the stage of framing charges, only a prima facie view is required and not a detailed examination of evidence. Relying on settled legal principles laid down by the Supreme Court, the court held that there exists “grave suspicion” warranting trial.
Importantly, the court clarified that abuse of official position leading to unlawful benefit to a private party constitutes criminal misconduct under the Prevention of Corruption Act, even if direct personal gain by officials is not immediately established.
Follow our WhatsApp channel
