Excelsior Correspondent
Srinagar, Jan 23: The High Court has stayed the order of the Special Tribunal directing for sealing of a structure raised in the heart of the city and directed the Srinagar Municipality to exercise its powers with respect to unauthorized construction on spot.
Justice Rahul Bharti stayed the operation of order whereby the Special Tribunal had quashed the order of Custodian General (CG) leasing out the Evacuee property in the heart of Srinagar city and had directed the Srinagar Municipal Corporation to seal the structure raised over the land in question.
The order of the Tribunal came to be questioned before the High Court by the aggrieved persons and the court stayed the operation of the order passed by the Jammu & Kashmir Special Tribunal.
The court, however, put a rider that the petitioner-aggrieved parties shall not in any manner carry out any addition or alteration to the building structure obtained at the site of the plot in reference.
“It is further made clear that the pendency of this writ petition shall not come in the way of the Srinagar Municipal Corporation (SMC) to exercise statutory powers with respect to any unauthorized construction, if any, having taken place at the site of the plot in reference at the end of the petitioners”, Justice Bharti directed.
The Chairperson of Tribunal while expressing its concern over the issuing allotment and lease without following due procedure and also allowing the construction illegally by the SMC authorities had quashed allotment, lease with the direction of sealing the structure and identification of SMC officials who are responsible for such huge violation of building permission.
The order of sanction by the Custodian General Jammu leasing out of Evacuee land measuring 4 marlas as per High Court order in the heart of the city of Khanyar area for commercial purposes for a period of 40 years in favour of Syed Sameer Hussain and Hilal Ahmad Pandit of Khanyar area of district Srinagar.
It was contended that the land in question was under the possession of one Hakima Bano who sold the said land illegally and unauthorisedly to these two persons in league and connivance with the officials of Custodian and Evacuee department.
The order of allotment and lease agreement made by and between the aggrieved persons and the Custodian Department has been stated to be issued illegally as the order has not been issued pursuant to any auction by the department.
After in violation of the building permission for construction of compound wall, the aggrieved persons in whose favour the allotment under challenge was issued raised concrete structure on the said plot of land.
The Chairperson of the Tribunal had also directed for sealing of the structure citing that the building permission was for construction of compound walling only and directed the identification of the field staff of the SMC responsible for having allowed the construction of a structure in contravention of permission.
The petitioners have questioned the adjudication of the Jammu & Kashmir Special Tribunal in the instant writ petition by passing the impugned order.
Justice Bharti after hearing the parties said ‘Prima facie case made out’ and simultaneously issued notice to the Srinagar Municipal Corporation and other respondents for Reply/Objections to the petition by or before the next date of hearing with the direction to the petitioners to furnish registered postal covers within a period of seven days before the registry for serving notice upon the respondents.
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