HC asks SMC to seal scrupulously offending portion of building at Hari Singh High Street

Srinagar, Apr 21:  The High Court of J&K and Ladakh has asked the Srinagar Municipal Corporation (SMC) to follow in letter and spirit its orders to seal the portion of a building that has come up in violation of the law (offending portion) at Hari Singh Street here.

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

“In the 2nd paragraph of the order dated April 15, 2024, it shall be added that the Commissioner, 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 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 judge bench of the court had directed that the offending portion of the building should be sealed by the SMC till such time a decision is taken by the Commissioner SMC about the question of compounding of deviations.

Disposing of two petitions including the one by SMC, the Single Judge bench had set aside the Special Tribunal’s order wherein it had termed the building of three persons (private respondents) at Hari Singh High Street here as authorised and thereafter set aside the sealing order by the SMC.

The court had directed the three persons to approach the Commissioner SMC with a petition for compounding of the deviations.

“If and when such a petition is made by the private respondents before the Commissioner, the same shall be considered by the said authority in the light of the building permission granted in favour of the private respondents, the relevant building bye-laws, 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 court’s division ordered, “We are also adding that besides a petition for compounding of deviations, the same may also include a prayer for regularisation if so permitted under the Rules.”

“The commissioner is also requested that if such an application is made, it is requested not to take any coercive proceedings till it decides that application,” the court said. “However, the respondents are also requested to ensure that they abide by Section 256 of the Jammu and Kashmir of Municipal Corporation Act, 2000, in letter and spirit till the disposal of the applications, if they are made.”