GHULAM RASOOL WANI Vs. STATE

JUDGEMENT

(1.) The petitioners approached respondent No. 4 for issuance of permission so as to enable them to construct residential house on their proprietary land. The permission was denied by the said authority on the ground that the land of the petitioners has been earmarked for developing of Bus Stand under the Srinagar Master Plan 2000-21.

(2.) Learned counsel for the petitioners submitted that in terms of the aforesaid provision, if the space, which has been kept unbuilt for the reasons mentioned in the Srinagar Master Plan, has not been compulsorily acquired, then on service of notice on the concerned authority, it will be deemed that the land was not required to be kept as an open space or unbuilt. Learned counsel submitted that immediately after period of five years was over, notice was served on the respondents, which did not evoke any response. He further submitted that the order of the respondent-Srinagar Municipal Corporation, refusing to grant permission for construction of residential house on the proprietary land, was challenged in the Civil Original Suit, which, however, was subsequently withdrawn on the promise made by the respondents that permission would be granted to the petitioners. Learned counsel submitted that the petitioners were constrained to file this petition as respondents did not comply with their own promise. Learned counsel, in support of his contention, referred to and relied upon the judgment of the Hon'ble Supreme Court reported in : 2005(11) SCC 222 and submitted that the writ petition deserved to be allowed.

(3.) Learned counsel for respondent Srinagar Municipal Corporation, submitted that until such time the land, for which permission is required for raising of construction of residential house, is deleted for the purpose for which it has been delineated in the Srinagar Master Plan, 2000-21, permission cannot be granted.