Excelsior Correspondent
SRINAGAR, Jan 29: High Court has sought stand from the Lakes and Waterways Development Authority (LAWDA) for revisiting its building permissions granted prior to the new Master Plan of 2035.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sindu Sharma has sought the stand of LAWDA for revisiting the building permissions granted prior to the approval of new Master Plan-2035. The direction has been passed after the Senior Counsel R A Jan submitted before the bench that once a building permission has been granted or approved, it cannot be revisited only for the reason that a new Master Plan has come into existence.
He said the Master Plan is prospective in nature and would not apply to the building permissions already approved. Court directed the LAWDA counsel (AAG) to seek instructions in this regard from the department and file its stand in writing before the court within one week.
The petitioner Manzoor Ahmad Banday has challenged the Communication dated 7.10.21 issued by the Secretary Building Operations Controlling Authority of LAWDA whereby he has been informed that his previous building permission has been deferred for CTP to issue fresh NOC as per Master Plan-2035
He has been asked to provide additional copies of the drawing so that the same are forwarded to the CTP, Tehsildar Nazool for authentication and technical vetting and NOC thereof and thereafter his case shall be subsequently put before the building permission authority for consideration.
Senior Counsel Jan while referring about the previous building permission as approved in favour of the petitioner-Manzoor Ahmad Banday submits that it is in the form of minutes of 90th meeting of the BOCA-LAWDA held in February 2017 under the Chairmanship of the Chairman-BOCA, the Secretary-BOCA on consideration of the building permission, cases placed before it for consideration, approved along with many other applicants the building permission case of the petitioner for construction of double storeyed residential house at Shalimar.
He added that since the building permission of the petitioner was approved though it continues to hang in balance only because of serious lapse on the part of the respondents in particular before Secretary-BOCA in mislaying the approved building permission file of the petitioner.
As such the petitioner-Banday has preferred to challenge impugned action of the Secretary and the decision taken into the 116th minutes meeting of the BOCA whereby the petitioner has been asked for additional copies of drawings of proposed structure and NoCs under new Master Plan.
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