REHANA RAJ Vs. SRINAGAR MUNICIPAL CORPORATION

JUDGEMENT

(1.) The Appellants are aggrieved of Order dated 8th of July, 2022 passed by the learned Writ Court in WP (C) No. 1457/2022, whereby the Writ Petition filed by the Appellants challenging the Order dated 18th of June, 2022; re-sealing the premises of the Appellants situated at Suthra Shahi, Srinagar; has been dismissed on the ground of availability of efficacious statutory remedy under the Jammu and Kashmir Municipal Corporation Act, 2000 (for short "the Act of 2000").

(2.) Mr R. A. Jan, the learned Senior Counsel, appearing for the Appellants, vehemently argued that Sec. 253 of the Act of 2000 was not applicable in the case of the Appellants as the Appellants were not erecting any work within the meaning of Sec. 253 of the Act of 2000, rather the Respondents had proceeded against the Appellants under Sec. 258 of the Act of 2000 read with Byelaws 2.2.5 and 2.2.6 of the Srinagar Municipal Corporation (Building) Byelaws, 2011; and Byelaw 2.12 of the Jammu and Kashmir Unified Building Byelaws, 2021. It is contended that, although the aforesaid issue was argued before the learned Writ Court, but same was not appreciated, thereby rendering the impugned Order unsustainable in the eyes of law.

(3.) Mr Moomin Khan, the learned Counsel appearing for the Respondents, submitted that since the Appellants violated the provisions of the Act of 2000 by changing the user of the premises in question from residential into commercial, therefore, appropriate action under Sec. 253 of the Act of 2000 was taken against the Appellants.