Excelsior Correspondent
Srinagar, Nov 27 : High Court has directed the Srinagar Municipal Corporation (SMC) to deal with the violations of building permission by changing the residential house into commercial in violation of the Master Plan in accordance with law.
The building in question situated in Karan Nagar Srinagar has been sealed by the SMC authorities on noticing the violation of the building permission order granted in favour of the owner- Mehbooba for raising residential house into a commercial structure. The Commissioner SMC issued a show cause notice to the owner for taking action in terms of the law and directed sealing of the building with the further direction for handing over the same on superdnama to the Joint Commissioner, Chief Enforcement Officer and SHO concerned.
Aggrieved of the Commissioner’s notice the petitioner-Mehbooba approached the court to challenge the impugned order on the ground that the same has been passed against the principles of natural justice as the petitioner was not afforded an opportunity of being heard.
SMC filed the response and stated that the Building Operations Controlling Authority granted building permission in favour of petitioner vide No. 1035 of 2005 dated 12.01.2005 for raising three storied semi detached residential house after dismantling the existing three storied house with compound walling towards north, west sides as mentioned in the site plan.
SMC further adds that on noticing the violation, the Competent Authority had issued notice under Section 7 (1) followed by demolition notice under Section 7 (3) of the J&K Control of Building Operations Act, 1988 and to challenge the same the petitioner had the remedy of filing appeal before the J&K Special Tribunal, Srinagar, which the petitioner did and the Tribunal compounded the deviations by directing the petitioner to pay Rs. 70912/- in terms of Order dated 21.8.2006.
This all is stated as regards the first violation. However, the response of the Commissioner, Srinagar Municipal Corporation, reveals that on noticing conversion of the building from residential to commercial, the process for taking action was initiated by issuing show cause notice under Section 8 of the Act with further direction of sealing which the petitioner has challenged in the instant petition.
The Division Bench while deciding the matter finally said the pendency of the writ petition will not serve any purpose, therefore, the Court proposes to dispose of the writ petition by leaving the respondents-SMC free to deal with the deviation/ violation in accordance with law. “We dispose of the writ petition by directing the respondents-SMC to take recourse to the provisions of law after hearing the petitioner and pass appropriate orders thereon.
Follow our WhatsApp channel