Irfana vs Union Territory Of Jk & Ors
2021 Latest Caselaw 807 j&K/2

                                                                           Sr. No. 106
                                                                           Suppl. List.
                 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                    AT SRINAGAR

                                           WP (C) No. 1437/2021

               Irfana                                                          ...Petitioner(s)

               Through: Mr. Mohsin Qadiri, Sr. Adv. with Mr Mohd. Tehseen Sofi, Adv.

                                                     Vs.

               Union Territory of JK & Ors.                                   ...Respondent(s)

               Through: Mr Moomin Khan, SC for Srinagar Municipal Corporation

               Coram:
                               HON'BLE THE CHIEF JUSTICE
                               HON'BLE MR JUSTICE SANJAY DHAR, JUDGE

                                                ORDER

28.07.2021

1. Heard Mr. Mohsin Qadiri, learned Senior counsel assisted by Mr Mohd.

Tehseen Sofi, learned counsel for the petitioner & Mr Moomin Khan, learned standing counsel appearing for the Srinagar Municipal Corporation.

2. The petitioner was granted permission to construct a building on 16th October 2019 by the Srinagar Municipal Corporation. However, the said permission so granted was directed to be kept in abeyance by the order dated 21st May 2021. The petitioner took the matter in revision before the Special Tribunal which was decided by the impugned judgment dated 26th July 2021.

3. In challenging the above order, the submission of learned senior counsel for the petitioner is that the Tribunal in deciding the matter has expressed opinion on the merits of the permission granted and has virtually stated that the permission so granted was against the law. This could not have been done as the final decision in this regard has to be taken by the Srinagar Municipal Corporation which had simply directed to keep the permission in abeyance obviously for temporary period till any final decision is taken. It is also submitted that the order of the

MOHAMMAD ALTAF NIMA 2021.07.30 11:58 WP I attest to the (C) and

integrity of this document Tribunal is likely to visit the petitioner with civil consequences as her constructions already raised are under threat of demolition.

4. In view of the aforesaid facts and circumstances and the fact that the order dated 21st May 2021 passed by the Srinagar Municipal Corporation only directs to keep in abeyance the building permission granted on 16th October 2019, we are of the considered view that the final call in this regard has to be taken by the Commissioner, Srinagar Municipal Corporation/Competent Authority, inasmuch as the building permission granted cannot be kept in abeyance indefinitely and the matter has to be brought to a logical end.

5. Accordingly, we dispose of this writ petition with a direction to the Commissioner, Srinagar Municipal Corporation/Competent Authority to take a final decision with regard to the building permission granted to the petitioner on 16th October 2019 and directed to be kept on hold vide order dated 21st May 2021 in accordance with law uninfluenced by any findings or observations made in the order of the Special Tribunal most expeditiously preferably within a period of three months and till any such decision is taken, no coercive steps shall be taken against the petitioner for demolishing the structure which may have been constructed by her provided that she undertakes not to raise any further construction till the matter is decided.

6. The writ petition is disposed of.

                                    (SANJAY DHAR)             (PANKAJ MITHAL)
                                           JUDGE                CHIEF JUSTICE
          SRINAGAR
          28.07.2021
          Altaf




MOHAMMAD ALTAF NIMA
2021.07.30 11:58
             WP
I attest to the     (C) and

integrity of this document