UNION TERRITORY Vs. ZAID ALTAF DALAL

JUDGEMENT

(1.) Uncontroverted facts of the case are that a respondent was accorded permission for the construction of double storey residential house with a poly-clinic. Subsequently, he applied for construction of two additional floors on the said structure. The said application remained pending with the Chief Executive, Municipal Council, Anantnag (for short 'the Sanctioning Authority'). The respondent preferred a Revision petition before Special Tribunal, Srinagar, against the proceedings pending before the Sanctioning Authority, primarily on the ground that it has failed to exercise jurisdiction vested in it under law, as the application filed by the respondent regarding building permission for construction of additional two floors over the existing structure was not processed by compounding the minor deviations.

(2.) Vide Order dtd. 25/7/2022, learned Tribunal directed the Sanctioning Authority to compound minor deviations of 3.7% in excess of the permitted area, noted by its ground staff, covered under the provisions of Jammu and Kashmir Unified Bye-laws 2021. Consequently, the Sanctioning Authority, vide Order dtd. 4/2/2023, directed the composition/regulation of excess floor area coverage to be considered subject, however, to the following conditions: -

(3.) It appears that respondent filed a contempt petition before learned Tribunal on the ground that the order passed by the Tribunal on 25/7/2022, was not complied with and learned Tribunal vide Order dtd. 30/5/2023, directed the respondents to process the application filed by the respondent for accord of permission for extension of the building in accordance with law and regulations governing the field and submit the status report.