MOHAMMAD ISMAIL BEIGH Vs. COMMISSIONER, SMC

JUDGEMENT

(1.) In this petition, the petitioner has called in question order dtd. 24/8/2022, passed by J&K Special Tribunal, Srinagar, on an appeal filed by the petitioner against the notice of demolition issued by respondent No.2 under Sec. 253(1) of the Municipal Corporation Act, 2000 [the Act].

(2.) The order aforesaid is assailed, primarily, on the ground that the J&K Special Tribunal, while dismissing the appeal of the petitioner and upholding the order of demolition, could not have directed Srinagar Municipal Corporation to carry out the demolition in terms of the notice upheld by the Tribunal.

(3.) Learned counsel for the petitioner argues that even after the dismissal of the appeal, it was open to the petitioner to apply for compounding of the violation or even apply under Regulation No.2.1.2(c) of the Srinagar Municipal Corporation (Building) ByeLaws, 2011, for building permit with regard to the constructed building and get the building permission subject, of course, to the fulfilling of the requirements of Rules and Regulations governing the constructions in the Municipal areas of Srinagar Municipal Corporation.