RASHEED AHMAD PEERZADA Vs. CHAIRPERSON J&K SPECIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner invokes extraordinary writ jurisdiction vested in this Court by Article 226 of the Constitution of India to seek a Writ of Certiorari to quash order dtd. 13/9/2022, passed by the J&K Special Tribunal to the extent and in so far it effects the right of the petitioner to raise construction of his residential house in conformity with the building permission granted by the Srinagar Municipal Corporation ["SMC"]. The petitioner also calls in question order dtd. 14/9/2022, passed by respondent No.4 i.e., Chief Enforcement Officer, SMC, Srinagar, whereby the petitioner has been directed to stop the construction work on spot.

(2.) Briefly put, the facts relevant to the disposal of controversy raised in this petition are that vide order No.121 of 2021 dtd. 3/6/2021, competent authority (Commissioner, SMC), granted building permission in favour of the petitioner for construction of three storied residential house and erection of compound wall after dismantling the existing house. Pursuant to the building permission granted, the petitioner started raising construction after dismantling the existing construction. Two neighbours of the petitioner, namely, Fayaz Ahmad Malik and Farooq Ahmad Wani, challenged the building permission granted by SMC in favour of the petitioner by way of a revision petition filed under Sec. 403 of the Jammu and Kashmir Municipal Corporation Act, 2000 ["the Act of 2000"]. It was alleged that the writ petitioner had started raising construction in violation of the building permission, in that, he had constructed a basement without there being any permission for such construction.

(3.) Be that as it may, the revision petition was contested by the writ petitioner. The Tribunal, after hearing both the parties and regard being had to the report of the Ward Officer, allowed the revision petition holding that the writ petitioner had raised construction in deviation to the permission and, therefore, had rendered himself to action under stipulation No.7 of the building permission dtd. 3/6/2021. The Tribunal, thus, remanded the matter to Commissioner, SMC, for taking action in accordance with his order of granting permission dtd. 3/6/2021 under intimation to the Tribunal. The revision petition was decided by the Tribunal vide its order dtd. 8/4/2022. Indisputably, the writ petitioner has not challenged this order of the Tribunal and, therefore, the same has attained finality.