Excelsior Correspondent
Srinagar, Jan 29: The High Court today directed the owners to demolish the structure raised in violation of the building permission and norms at the commercial hub of Hari Singh High Street Srinagar.
The violators Aijaz Ahmad Baba, Manzoor Ahmad Baba and Nisar Ahmad Baba were accorded permission for execution of repair and restoration by way of retrofitting to strengthen the existing three storeyed heritage building with attic without any change in size, shape and height so as to keep the façade intact in its original position in Hari Singh High Street, Srinagar. They deviated from the sanctioned plan while raising construction of the building. Accordingly, a notice dated 25.03.2019 was issued by the SMC upon these persons requiring them to stop the construction.
When they did not comply with the notice, a communication dated 26.03.2019 was addressed by the Corporation to the Police Station Shergari, Srinagar seeking assistance in removal of persons engaged at site.
Another notice dated 02.04.2019 was issued by the Corporation to them, where after, a notice of demolition, in terms of Section 253(1) of the Act was issued by the Corporation on 05.04.2019 against them directing them to demolish/pull down the structure within a period of days from the date of said notice.
Aggrieved by notice dated 05.04.2019, the owners of the structure filed a statutory appeal before the Special Tribunal and the Tribunal while issuing notice to the Corporation, directed the parties to maintain status quo.
According to SMC, despite the status quo order passed by the Special Tribunal, the owners continued to raise construction and raised a five storeyed structure. The Corporation sensing that they have violated the status quo order passed by the Special Tribunal, sealed the structure vide order bearing No.PS/Com/3365-78 dated 23.07.2020.
“…the private respondents (owners) shall ensure that offending portion of the building is demolished or, in the alternative, the Corporation shall undertake demolition of the offending portion in accordance with law”, Justice Sanjay Dhar directed
Justice Dhar also directed that the offending portion of the building constructed by the private respondents (owners) shall be sealed by the Corporation till such time a decision is taken by the Commissioner, Srinagar Municipal Corporation with regard to the question of compounding of deviations.
Court set aside the order of Tribunal whereby sealing of the structure by SMC was quashed and recorded that the reasoning adopted by the Tribunal that, once a building permission has been issued and is valid even if the said building is raised in contravention of the building permission, the same would not qualify to be an unauthorized building, is absolutely flawed.
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