Jammu & Kashmir High Court - Srinagar Bench
Arif Jan Qadri vs Jammu & Kashmir Special Tribunal And Ors on 21 October, 2024
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 01
Regular Cause List
HIGH COURT OF JAMMU& KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 234/2024
CM No. 5632/2024
CM No. 5636/2024
Arif Jan Qadri
... Appellants(s)
Through: -
Mr Saqib Shabir, Advocate.
V/s
Jammu & Kashmir Special Tribunal and Ors.
... Respondent(s)
Through: -
Mr Moomin Khan, Advocate for R-2 to 4; and
Ms Sehreen Zehra and Zahid Khan, Advocates for R-5 & 6.
CORAM:
Hon'ble Mr Justice Sanjeev Kumar, Judge
Hon'ble Mr Justice Rajesh Sekhri, Judge
(ORDER)
21.10.2024
01. This intra Court appeal is directed against an Order and
Judgment dated 28th of August, 2024 passed by the learned Single Judge of
this Court (hereinafter referred to as "the Writ Court") in WP (C) No.
1878/2024 titled 'Arif Jan Qadri v. Union Territory of J&K and Ors.',
whereby the Writ Court has upheld the Judgment dated 29th of July, 2024
passed by the J&K Special Tribunal, Srinagar, directing the Srinagar
Municipal Corporation to give a fresh look to the modified building plans
submitted by Respondent Nos. 5 and 6 herein. The competent building
permission authority has also been given a liberty to seek any fresh NOCs
from the concerned Departments, providing that final call in this regard
shall be taken by the Commissioner, Srinagar Municipal Corporation within
a period of sixty days.
02. Mr Saqib Shabir, the learned Counsel appearing for the
Appellant, submits that the Appellant is aggrieved of the Order and
Judgment passed by the Writ Court only to the extent it upholds the Order
of the Tribunal giving timeline of sixty days to the competent building
permission authority for reconsidering the entire matter, providing further
that in case of failure to pass appropriate orders within stipulated time, the
permission shall be deemed to have been granted to the private Respondents
herein. He further submits that the Appellant seriously apprehends that the
private Respondents, in connivance with the concerned authorities of the
Srinagar Municipal Corporation, shall delay the matter and allow the sixty
days' time to lapse, so that he could raise the construction as per the
03. Having heard the learned Counsel for the parties and perused
the material on record, we are of the considered opinion that this Writ
Petition can be disposed of by providing as under:
i. That the Srinagar Municipal Corporation shall
proceed to comply with the direction of the
Tribunal, as upheld by the Writ Court, and give a
fresh look to the revised building plans submitted by
the private Respondents herein. It shall complete all
the requisite formalities, including obtaining of
NOCs, wherever required, without any waste of any
further time;
ii. That the authorities which are approached by the
Srinagar Municipal Corporation for NOCs shall,
immediately, revert and give their requisite NOCs/
response without waste of any further time;
iii. That the Srinagar Municipal Corporation/ the
building permission authority shall complete all the
requisite formalities and pass final orders in this
regard within a period of sixty days from today; and
iv. That, if for any reason, it is not been possible for the
Srinagar Municipal Corporation to complete the
requisite formalities and issue appropriate orders
within the stipulated period of sixty days, they shall
be free to approach this Court and seek further
extension of time after giving cogent reasons for the
same.
04. We order, accordingly.
05. Letters Patent Appeal shall stand disposed of on the above
terms, along with the connected CMs.
(Rajesh Sekhri) (Sanjeev Kumar)
Judge Judge
SRINAGAR
October 21st, 2024
"TAHIR"
