LAKES AND WATERWAYS DEV Vs. SHAMEEM AHMAD SHAMEEM

JUDGEMENT

(1.) Heard the learned counsel for the parties. Perused the pleadings and record. The respondent no. 1 herein, for the purpose of undertaking residential construction at the site of his ownership plot measuring 1 kanal and 13 marlas 137 sq. feet (9113 sq. feet) situated in the locality of estate Gupta Ganga, came to seek building permission from the petitioner no. 1, which is the Building Permission Authority under Jammu and Kashmir Control of Building Operations Act, 1988.

(2.) The building permission for the residential construction came to be granted in favour of the respondent no. 1 vide an Order no. 38-Bldj/LDA of 2014 dtd. 4/10/2014 in terms whereof the respondent no. 1 was permitted the construction of a double storey residential house with respect to the site on the plot of land consisting of khasra no. 1267, 2062/1266 min situated in Estate Gupta Ganga. Permission so granted in favour of the respondent no. 1 was in accordance with the master plan of the Srinagar City in vogue. As per the sanctioned plan, the respondent no. 1 was to use 1720 sq. feet of area as plinth area for the super structure to be raised thereupon. The respondent no. 1 was supposed to maintain the four side set-backs as stipulated in the said sanction plan.

(3.) In August, 2017, the petitioner no. 1, acting through its Enforcement Officer, came to take cognizance of the fact that the building construction raised by the respondent no. 1 at the site has taken place in deviation of the sanctioned plan issued for the purpose by the petitioner no. 1 in favour of the respondent no. 1. The deviation found to be actionable in law by the petitioner no. 1 against the respondent no. 1 was that the plinth area was exceeded from the permitted 1720 sq. feet to 2225 sq. ft, thus exceeding by 505 sq. feet and for this the respondent no. 1 was put to show cause notice dtd. 28/8/2017 under Sec. 7(1) of the Building Operations Act, 1988, by the petitioner no. 1.