MASJID NOOR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) LPA on hand is directed against writ court judgment dated 30.12.2013, whereby writ court has disposed of the writ petition on agreement of learned counsel for the parties to the effect that respondent No. 5 would raise construction strictly in accordance with building permission granted in his favour by competent authority. The Letters Patent Appeal is filed against following factual backdrop. Firdous Ahmad Lone son of Abdul Gaffar Lone, resident of Abi Guzer-respondent No. 5 herein, some time back acquired a house known as Tara House at Rajbagh, Srinagar from its owner-a migrant living outside Srinagar.

(2.) The respondent No. 5 soon after purchase of the property in question decided to repair the building, lay a new roof and construct a fencing wall around its courtyard. He approached the Building Operation Controlling Authority (BOCA) with the plan of construction proposed to be undertaken by him, for grant of sanction/permission under Control of Building Operation Act. The Authority approved the building plan and granted permission to raise proposed construction.

(3.) Masjid Noor, is a mosque in the locality where construction is proposed to be undertaken, and appellant herein is President of Masjid Committee, responsible for day to day management of the Mosque. The appellant apprehended that respondent No. 5 under guise of repairs intended to construct a hotel on the foundation Tara House. He aggrieved that construction was raised by respondent No. 5 in violation of building permission and master plan and was likely to violate rights of the inhabitants of locality who visited the mosque to offer prayers and to cause interference in prayers at the mosque, filed a writ petition being OWP No. 759/2012. He sought a direction to the official respondents 1-4 to discharge their statutory obligations qua construction raised by respondent No. 5 on the spot, that according to him was in violation of permission and approved building plan.