Excelsior Correspondent
Srinagar, Nov 15: High Court today refused to quash the order rejecting the plea of raising construction on the Temple land leased out in 2013.
The lessee Sadaqat Qadri approached the Court seeking quashing of order No.142 of 2020 dated 09.07.2020 issued by Joint Commissioner (Planning), Srinagar Municipal Corporation, rejecting the application of the petitioner-Qadri for grant of building permission and for allowing him to raise the commercial construction on the leased land, as per the plans submitted by him before SMC on the principle of deemed permission and not to cause any kind of interference with the raising of the construction in any manner, whatsoever.
The case of the lessee before the court is that in terms of lease deed executed on 08.08.2013, registered on 12.08.2013 by Sub-Registrar, Srinagar, land measuring 02 Kanals and ½ Marla, situated in Mouza Nursing Garh (Solina), Tehsil and District Srinagar, was leased out by Swami Tapna Nand Ji, Chaila of Swami Sukhanandji Saraswati, Mahant Narayan Mutt, Mandir Shivji, Solina, Srinagar, to him in consideration premium as paid before execution of the lease deed and in consideration of monthly rentals for an initial period of 40 years on the terms and conditions incorporated in the lease deed.
It is averred that in terms of the stipulations in the lease deed, the lessee-petitioner is authorised and empowered to raise construction of any commercial building viz. hotel, guest house, hostel etc. and to use and allow others to use the same without any interference from the lessor.
The Srinagar Municipal Corporation and its officers, in their reply have contested the petition taking the preliminary grounds and averred that since the land in question is the property of a Mandir, the Srinagar Municipal Corporation and other such authorities, who grant building permissions, have been directed by the Revenue Authorities, especially the Divisional Commissioner, Kashmir, in compliance to the orders of the High Court passed in Contempt petition No.217/2017 titled Sanjay Tikoo versus Baseer Ahmad Khan, to ensure that the Mandir properties were not encroached upon by any person.
After hearing both the sides, justice Ali Mohammad Magrey dismissed the petition along with the connected CM.
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