PRABJEET SINGH Vs. ADMINISTRATOR NOTIFIED AREA COMMITTEE TANGMARG

JUDGEMENT

(1.) Petitioner prays for a writ of certiorari for quashing impugned communication Nos. NAG/TG/87/71 dated 5-5-1987, NAC/TG-87/204-06 dated 4-6-1987 and NAC/TG/87/268-70 dated 18-6-1987 and for a writ of prohibition against the respondents 1 and 2 to the effect that they should be restrained from interfering in the construction of hotel. The grounds of challenge are numerous and are detailed out below :

(2.) Petitioner and respondent No. 3 are brothers. Vide Govt. Order No. 68 UD of 1981 dated 15-10-1981 lease was renewed in their favour for land at Gulmarg for purposes of construction of hotel and Guest house at pinnacle and behind the club house at Gulmarg. This order flows from the land Grant Rules of 1977. A copy of the order is contained as Annexure-A to the writ petition. Lease agreements were drawn up and registered under law, copy whereof is annexure-B to the petition.

(3.) Petitioner had applied for raising a building on an area of 4,292 sq. ft. and the requisite fee was deposited with the respondent No. 1 in Sept. 1983. Plans were approved by the building permission committees and the Chief Executive Officer had addressed a communication copy whereof is Annexure-C to the petition. Permission that time was granted to the respondent No. 3 who is the brother of the petitioner to construct the hotel at pinnacles vide communication dated 17-11-1983, copy whereof is Annexure-D to the petition. The receipt of the deposit is also annexed as Annexure-E to the petition.