Jammu & Kashmir High Court - Srinagar Bench
Executive Officer Municipal Council ... vs Nazir Ahmad Mir on 4 October, 2024
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Sr. No. 98
Suppl. list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(5303/2024) IN WP(C) 3266/2023
EXECUTIVE OFFICER MUNICIPAL COUNCIL BARAMULLA ...Petitioner(s)/appellant(s)
Through: Mr. Ilias Laway, GA.
Vs.
NAZIR AHMAD MIR ...Respondent(s)
Through: Mr. T. H. Khawaja, Sr. Adv with
Mr. Muiz, Adv.
CORAM:
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
04.10.2024
In the instant composite application filed by the respondent-applicant
herein, following prayers have been sought:-
i. Clarify the true import of the judgment in the context of
issues contained in Para 1 of instant motion and in light of
submissions made herein.
ii. Stay the operation of the Notice, bearing No.
MC/Bla/2024/980- 83 dated 13. 08. 2024.
iii. Take notice of the contemptuous omissions and
commissions of the non-applicant evidenced by contents of
the Notice bearing No. MC/Bla/2024/980-83 dated 13. 08.
2024 and initiate suo moto contempt of Court proceedings
against the non-applicant to uphold the Rule of law, for the
area for the same would be in consonance with law justice.
The aforesaid prayers are sought by the applicant herein on the
premise that this Court on 08.05.2024 passed a judgment in WP(C)
3266/2023 and while upholding the order of the Special Tribunal dated
30.12.2022, provided that the Deemed Permission ordered by the Special
Tribunal shall be subject to the condition that the proposed constriction does
not violate Master plan, if any, of area and regulations contained therein, and
that in pursuance of the aforesaid direction passed by this Court, the
respondents including the non-applicant herein was bound to allow the
applicant herein to proceed with the proposed construction provided it did
not violate the master plan, if any, in place, and that in respect of the area of
the proposed construction does not have any master plan or the regulations
framed there under in place and that the petitioner-non applicant herein, in
particular, in defiance of the mandate of the aforesaid direction of this Court
did not permit the respondent-applicant herein to undertake constructional
activity on spot and instead called upon the respondent-applicant herein to
apply afresh for grant of permission for raising the construction in question
which action of the petitioner-non applicant per se is negation of the
judgment passed by this Court inasmuch as flagrant violation thereof
necessitating initiation of appropriate contempt proceedings against the
petitioner-non applicant herein.
Heard learned counsel for the respondent-applicant and perused
the record.
Prima facie there appears to be substance in the submissions of the
counsel for the respondent-applicant. Under these circumstances, before
proceeding further in the matter, the petitioner-non applicant is directed to
respond to the pleas raised by the respondent-applicant herein and further to
explain as to why contempt proceedings be not initiated against him.
At this stage, the learned counsel for the respondent-applicant herein
also pointed out that the petitioner-non applicant has not even complied with
the part of the judgment whereby the petitioner-non applicant had to deposit
the costs of Rs. 50,000/- before Registrar Judicial of this court within four
weeks time from the date of passing of the judgment, however, the Registry
has not made any report in this regard as such, before proceeding further in
the matter in this regard, Registry is directed to make a report in this behalf
before next date of hearing.
List on 23.10.2024.
(Javed Iqbal Wani)
Judge
SRINAGAR
04.10.2024
Hilal Ahmad
