MASJID NOOR Vs. STATE OF J. & K.

JUDGEMENT

(1.) Writ petition, O.W.P. No. 759/2012 has been filed by one Ali Muhammad Lone, President of Masjid Noor, seeking a direction to the respondents to take appropriate action against respondent No. 5 who is alleged to be raising construction in violation of the permission granted in his favour by the Chairman Building Operations Controlling Authority vide order No. 42 of 2012 dated 24.4.2012. It is stated in the petition that Masjid Noor is situated at Rajbagh Extension, Harco Lane, Srinagar, in which five time prayers are offered. For the last few years commercial establishments like offices, educational, institutions and now hotels are coming up which is a source of impediment in offering prayers. The private respondent No. 5 alongwith others is stated to have purchased a migrant's house known as Tara House which is 80 to 100 feet away from the Masjid. A two storeyed house belonging to one Ghulam Hassan Kangoo is stated to be situated between the Masjid and said Tara House. Respondent No. 5 is stated to have obtained building permission for roofing over the existing second storied residential building and construction of compound walling. However, it is alleged that respondent No. 5 demolished the second storey, i.e., 3rd floor of the building, and started raising columns so as to convert it into a hotel. It is stated that the petitioner took up the matter with the Ward Officer and the Chairman, SDA, but no action was taken.

(2.) Respondent No. 5 in his reply has stated that he owns property which comprises of land measuring 03 Kanals and 04 Marlas situated at Rajbagh, Srinagar. There exists a three storeyed structure on the said plot of land with roof and attic. The roof and the attic floor of the building got gutted in fire in which the ceiling of the third storey, windows and doors were damaged. Walls of the third storey, by and large, remained intact. The answering respondent was granted building permission for providing roofing over the existing gutted three, storey residential building and construction of compound walling. After the respondent commenced his construction on spot, one Ghulam Hassan Kangoo filed a suit in the court of Municipal Magistrate against him. Another suit is stated to have been filed by one Showkat Hussain Bhat. The subject matter in both the suits was identical. The learned Municipal Magistrate, after hearing the parties and considering the matter in both the injunction matters, passed a detailed order on 14.07.2012. The operative portion of the order reads as under:

(3.) Against the aforesaid order, Ghulam Hassan Kangoo is stated to have filed an appeal before the II Additional District Srinagar. The appellate Court vide its order dated 24.08.2012 is stated to have dismissed the appeal.