SYED SHUJA KAMLI Vs. STATE OF J&K.

JUDGEMENT

(1.) Impugned herein in this Writ Petition is communication bearing No. HUD/LSG/01/2015 (SMC) dated 22nd of January, 2015 issued by the Respondent No.2, whereby and whereunder the Respondent No.2 has directed the Respondent No.3 to demolish the additional illegal constructions forthwith in relation to Hotel Burj at Crossing, Khanyar and furnish compliance report thereof.

(2.) Today, when this matter was taken up for consideration, Mr Moomin Khan, the learned Counsel for the Respondents, at the outset, submitted that during the pendency of this Writ Petition before the Court and in view of the formulation of the new law/rules/scheme on the subject, the impugned communication has turned infructuous/ineffective. It is further submitted that any violation made in the construction activities is now dealt with by the Corporation in accordance with the mandate of the Jammu and Kashmir Municipal Corporation Act, 2000/Control of Building Operations Act, 1988 and that the Corporation has already initiated appropriate action with regard to the case of the present Petitioner which action is challenged by the Petitioner by filing appeal before the competent authority.

(3.) Mr B.A. Khan, the learned Counsel for the Petitioner, submitted that any action taken by the Corporation against the Petitioner is/has to be subject to further orders/decision in the appeal filed by the Petitioner before the competent authority.