TANZEEM KHURSHEED ZARGAR Vs. J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) Petitioner is aggrieved of the order dtd. 2/5/2022 passed by Respondent No.1-J&K Special Tribunal Srinagar, whereby the Tribunal has rejected the Application of the petitioner for not impleading him as a necessary party and has allowed the appeal by directing the Municipal authorities to consider the regularization of the minor deviations, if any, made by the private respondents 5 to 8 under the enabling provision of Master Plan-2035 and the J&K Unified Building Bye-Laws.

(2.) Brief facts of the case, which led to filing of the present writ petition under Article 226 of the Constitution of India by the petitioner is that the petitioner and the private respondents are living in the close vicinity of each other and are in possession of the proprietary land. The case of the petitioner is that in the year 2021, the private respondents 5 to 8 started dumping of building material for renovation of their old structure and feeling aggrieved of the same, the petitioner approached the civil court by way of the suit and the learned court directed the parties to maintain status quo. However, the private respondents subsequently produced the permission/sanction granted by Municipal Corporation vide order No.235 of 2021 dtd. 17/7/2021, which reads as under:-

(3.) Further stand of the petitioner is that the private respondents under the garb of the permission started to dismantle the existing structure and started to construct the new structure without adhering to the terms and conditions of the building permission by dismantling first the existing structure and then by building the structure upto 1200 sq.fts built up area and by increasing the height of the structure there by violating the privacy of the petitioner resulting in infringement of the right to privacy.