On HC orders, SMC seals offending portion of building at Hari Singh High Street

Srinagar, May 3: Acting on High Court orders, the Srinagar Municipal Corporation (SMC) today sealed a portion of a building that has come up in violation of the law at Hari Singh Street here.

Earlier this month, a division bench of High Court of J&K and Ladakh had directed the Srinagar Municipal Corporation (SMC) to seal offending portion of the building.

“We implemented the High Court orders and sealed two storeys which had been constructed in violation of the permission,” said Chief Enforcement Officer of SMC Mudasir Banday.

The HC had added that the Commissioner, Srinagar Municipal Corporation shall also ensure that the direction of the 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. 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 had said.