GURCHARAN SINGH Vs. J AND K SPECIAL TRIBUNAL

JUDGEMENT

(1.) Writ Petitioner Gurcharan Singh is a tenant of respondent No. 6, after he obtained the lease of the Shop No. 4 measuring 27' x 12' in the Commercial Complex of Respondent No. 6 at Maisuma Budshah Chowk Srinagar way back in November, 1994. The landlord Respondent No. 6 is engaged in constructional activities in raising floors above the petitioner's rented shop. He has got sanction under Section 4 of the Jammu and Kashmir Control of Building Operations Act 1988 read with Clause (7) (2) of J and K Control of Building Operations regulations 1998, hereinafter for short 'Act' and 'Regulation' vide Order No. 215/99 dated 1-7-1999 of the Competent authority. Petitioner pleads that soon after he got knowledge of this sanction order he filed an appeal before the Appellate forum of Jammu and Kashmir Special Tribunal. The Tribunal on 11-9-1999 dismissed the Appeal. Petitioner challenging the sanction as also the above order of Appellate forum on the ground that the sanction has been given in violation of the various clauses of the regulations and that sanction is issued by an incompetent authority without any enquiry. The sanction to raise construction is blocking the rare open site of the petitioner's shop and thereby interfering with conduct of his business. The permission is stated to have been obtained in breach of various Acts, though it is not specifically made out and shown how the sanction is granted in violation of any other Act. The Appellate order is stated to have been passed on an erroneous view of non-application of provisions of Section 5 of the Limitation Act and the decision of the appellate forum that the Appeal is barred is not as per law. Certiorari for quashing the sanction and appellate Tribunal order and Mandamus for stopping the construction activities in pursuance of the sanction is prayed.

(2.) Official Respondents 1 to 5 in reply have contended that the sanction granted for raising 2nd and 3rd floor of the existing two storied building wherein, in the ground floor petitioner's rented shop in question is located, in addition to permission granted for raising four storied shopping complex, is granted by competent authority in exercise of powers vested in the authority under the Act and the regulation. The sanction/permission is averred to have been granted strictly in accordance with the provisions of law and the sanction does not in any way affect the rights or interests of the petitioner, a tenant. This petitioner's shop has entrance from three sides viz. Southern, Western and Northern sides. The sanction does not permit at all respondents to raise any construction or to carry any constructional activities to block entrance to petitioner's shop. The provisions of the Act and the regulation have been strictly complied with in the matter of permission. Petitioner has no cause to file this petition as his rights are not in any way adversely affected by the said sanction or the constructional activities.

(3.) Reply of respondent No. 6 though squarely in accord with the above reply of respondents 1 to 5 in addition has pleaded that the shop of petitioner is in ground floor as is clear from the lease deed executed on 13-11-1994 and the rectification Memo (of this lease deed) executed on 7-8-96. The constructional activities pursuant to the permission granted is with regard to raising of second and third floor over the existing two storied building. The constructional activities of the above floors hardly interferes with the conduct of business of the petitioner or in any manner blocks his entrance to the shop. In fact petitioner has filed this petition in concert and in liasion with one one Manjeet Singh, who runs shop by trade name M/s. P. M. Brothers who is in dispute and is litigating with the respondent No. 6. Even said Manjeet Singh has filed OWP No. : 505/99 where petitioner is a party.