* Directs stopping of Guest House construction
Excelsior Correspondent
SRINAGAR, Oct 12: High Court has pulled up the Special Tribunal and Srinagar Municipal Corporation for encouraging and allowing the illegal construction under the garb of building permissions and directed that construction of a Guest House in Gogjibagh Residential area be stopped.
The Division Bench of Justice Rajesh Bindal and Justice Sanjay Dhar while hearing a petition 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.
Court 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.
Follow our WhatsApp channel
