HC asks SMC to strictly seal offending part of building on Hari Singh High Street

Srinagar, Apr 21: The J&K and Ladakh High Court has asked the Srinagar Municipal Corporation (SMC) to comply in letter and spirit with its orders to remove the part of a building constructed in violation of the law (the offending part). to seal. Hari Singh Street here.

A division bench of Justice Atul Sreedharan and Justice Muhammad Yousuf Wani said this while modifying the order passed by the court on April 15.

“In the second paragraph of the order dated April 15, 2024, it will be added that the Commissioner of the Srinagar Municipal Corporation shall also ensure that the direction of the learned Single Judge as reflected in paragraph 34 (iii) of the judgment and order dated April 15, 2024, will be followed. The date of January 29, 2024, which has been challenged in the LPAs, is scrupulously followed in letter and spirit,” the division bench said.

In terms of paragraph 34 (iii) of the judgment and order dated January 29, 2024, the single bench of the trial court had directed that the offending part of the building should be sealed by the SMC until a decision was made by the trial court. Commissioner SMC on the issue of worsening deviations.

After dismissing two petitions, including that of SMC, the single judge bench had set aside the Special Tribunal’s order directing the construction of three persons (private respondents) at Hari Singh High Street here as permissible. and subsequently the sealing order was set aside by the SMC.

The court had directed the three persons to approach commissioner SMC with a request to aggravate the anomalies.

“If and when such application is made by the private respondents to the Commissioner, the same shall be considered by the said authority in the light of the building permit granted in favor of the private respondents, the relevant building regulations, the zonal plan and all other relevant statutes and guidelines on the subject,” the court had said.

In terms of the order dated April 15 this year, the division bench has ordered as follows: “We also add that in addition to a petition for aggravation of anomalies, the same may also include a prayer for regularization, if allowed. under the Rules.”

“The commissioner is also requested that if such a request is made, he is requested not to take any coercive action until he decides on the request,” the court said. “However, the respondents are also requested to ensure that they adhere in letter and spirit to Section 256 of the Jammu and Kashmir or Municipal Corporation Act, 2000, till the disposal of the applications, if any are filed.”