Excelsior Correspondent
JAMMU, Mar 1: Former Minister and senior Congress leader, Taj Mohi-ud-Din has failed to get reprieve from the Supreme Court over sealing of his commercial complex in summer capital of the State on the orders of the J&K High Court.
The Division Bench of State High Court comprising Justice M H Attar and Justice Ali Mohammad Magrey had on December 15, 2015 ordered sealing of all the malls and commercial complexes in Srinagar city which were lacking parking facility.
The DB, while vacating the stay in respect of senior Congress leader’s complex, had directed the Srinagar Municipal Corporation authorities to seal the commercial complex of Taj Mohi-ud-Din for violating the civic laws.
“It prima facie, appears that the Civic Laws (Special Provisions) does not extent protection to type of violations, which the petitioner has committed particularly when his case stands decided by the quasi-judicial authority much before coming into force of the said Act”, the DB had observed in the order.
The former Minister challenged the judgment of the Division Bench of J&K High Court in the Supreme Court by filing Special Leave Petition (SLP).
In the recent past, a Supreme Court bench comprising Justice V Gopala Gowda and Justice Uday Umesh Lalit heard the arguments of the counsels for the petitioner (Taj Mohi-ud-Din) against the judgment of the J&K High Court.
Senior Advocates C A Sundaram and Sunil Sethi, Advocates K K Pangotra, S M Chowdhary, Sumit Singh and P D Sharma appeared for Congress leader Taj Mohi-ud-Din. Finding that Supreme Court bench was not inclined to give any reprieve, the counsel appearing for the petitioner sought permission of the court to withdraw the Special Leave Petition.
While granting the permission, the Supreme Court dismissed the SLP as withdrawn.
It is pertinent to mention here that the Srinagar Municipal Corporation in its report submitted to the Division Bench of J&K High Court had mentioned that the permission was granted to former Minister and Congress leader, Taj Mohi-ud-Din for raising commercial complex on the conditions that he would provide the ground floor of his five storeyed building for car parking facility but the space was used for commercial purposes.
It is pertinent to mention here that the Congress leader’s structure could not be sealed because he had obtained stay order from the court while challenging the show cause notice of authorities wherein he was asked to show cause as to why the building be not demolished as it has been raised in contravention of the Act.
However, the DB while directing sealing of all the complexes and malls in the entire Srinagar that lack parking also vacated the stay in respect of Congress leader’s commercial complex.
The DB issued orders of sealing while taking serious note of daily traffic jams and congestions in the Srinagar city due to the commercial complexes and malls having no parking space.
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