x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Court rejects bail in minor rape case | Fabric Nation Hosts 'Unmute': A Bold Platform for Authentic Voices and Untold Journeys in Jammu | Advisor CM Nasir Wani flags off FICCI CASCADE's Auto Rally | IGP Jammu visits Police Station Bishnah | Food Safety, DFCO, Jammu launches drive against the Violators | DB upholds life-imprisonment step-father for murdering step-son | Secret recording of conversations of spouses can be used in matrimonial cases: SC | SSP Samba pins rank to newly promoted ASIs | JMC Commissioner reviews cleanliness scenario | Jammu police solve theft case accused arrested | BJP MLAs protest in Jammu over Urdu mandate for Naib Tehsildar posts | EPFO RO Jammu conducts seminar on ELI Scheme | J&K Academy of Art, Culture and Languages celebrates newly elected body | Kishtwar admin rolls out action plan for effective implementation of NTCP | DC Reasi inaugurates Shrawan Mahotsav at Shiv Khori Shrine | 850+ LPU students secured global opportunities across 80+ countries | Rich Harvest School hosts CBSE capacity building programme | DC inaugurates HP Fuel Station in Doda Township | Dharti Aaba Janjatiya Utkarsh Abhiyan Awareness cum benefit saturation camp held | Supervisors, Booth Level Officers imparted orientation training at Udhampur | Indian Army organizes T20 Cricket Tournament | Brahman Sabha continues green cover plantation drive | Shrine Board organises excursion tour to Amritsar for frontline cleanliness warriors | Two-week International Summer School on Climate Change in Ladakh concludes | India rises to 8th largest global tourism economy in 2025 | Synergetic Green Warriors Foundation takes "Ek Ped Maa Ke Naam" | Union Joint Secretary reviews district's progress | Powerlifters from J&K selected for National Championship in Gujarat | GDC Ghagwal in collaboration with others inaugurates ten days summer internship programme | JSS Jammu concludes CBSE Kho Kho Cluster XVIII | CUJ awarded 'A' grade for the third consecutive time | Jodhamal hosts workshop on promoting mental health and wellness | DG YSS strengthen the youth exchange programme | BJP entrusts Kavinder Gupta with Ladakh’s LG role | Political Journey rooted in Activism and RSS Ideology | ULB, Panchayat polls likely after Amarnath Yatra | CM Omar Abdullah meets various delegations at Raabita Office | Railways to install CCTV cameras in all coaches | Another batch of pilgrims leaves for Amarnath Shrine | CAT stays operation of provision that makes Urdu mandatory | NIA Court rejects bail application of Branch Manager | SC to hear on Aug 3 pleas seeking transparency | ACB arrests postal employee | 3 CRPF personnel Injured in Ganderbal mishap | I-T Deptt Conducts Raids | Inflation turns Negative | DC Anantnag convenes preparatory meeting for Independence Day celebrations-2025 | Drug Peddlers nabbed from Miran Sahib | Theft case cracked: 120 grams gold, 530 grams silver recovered | Inauguration of Maj Akash Singh, Shaurya Chakra obstacle training course | Inauguration of Maj Akash Singh, Shaurya Chakra obstacle training course | One held with Banned Nylon Gattu by Pacca Danga Police | Vice-Chancellor CUJ honored on Auspicious Occasion of Vyas Poojan | Udhampur police attaches movable property of bovine smuggler | Significant change in RRCP – first chart will now be prepared 8 hours before departure | Dr. Kuldeep Kumar Gupta called on Director General YSS Department | DC Srinagar, Commissioner SMC review progress of PMAY-Urban 2.0 | UP CM reviews preparations, Delhi CM warns against disturbing Kanwar Yatra as people throng temples | Timely and adequate fertilizer supply to farmers is top priority: CM Yogi | CM Yogi lays foundation stone for new & upgraded KGMU administrative building | NFR Enhances Customer Interface, Logistics Efficiency in June 2025 | Gurdeep Singh Sangral’s election as Hockey J&K President Quashed by Delhi High Court | CM Pushkar Singh Dhami met PM Narendra Modi in New Delhi | Amarnath Yatra has a positive impact on peace and Tourism | Empowering the Future - Celebrating World Youth Skills Day 2025 | The Science Library | Radicalisation In Prisons | Back Issues  
 
news details
HC sets-aside Tribunal order, directs SMC to seal offending portion of building constructed
1/29/2024 11:11:06 PM
Early Times Report
JAMMU, Jan 29: In an appeal filed by SMC against the order of Special Tribunal, Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court set-aside the order of Tribunal and directed SMC to seal the unauthorized portion.
2 Vide building permission Order No. 3048 of 2018 issued by the Srinagar Municipal Corporation in terms of Sections 243 and 244 of the Jammu and Kashmir Municipal Corporation Act, 2000 (hereinafter referred to as the 'Act of 2000') read with Jammu and Kashmir Municipal Corporation Building Bye-laws, 2011 (hereinafter referred to as the ' Bye-laws of 2011'), the private respondents, namely Aijaz Ahmad Baba, Manzoor Ahmad Baba and Nisar Ahmad Baba were accorded permission for execution of repairs/restoration by way of retrofitting to strengthen the existing three storeyed heritage building with attic without any change in size, shape and height so as to keep the facade intact in its original position. The building is located at Estate Nursing Garh, Hari Singh High Street, Srinagar. It appears that the private respondents deviated from the sanctioned plan while raising construction of the building. Accordingly, a notice dated 25.03.2019 under Section 254 of the Act of 2000 was issued by the petitioner-Srinagar Municipal Corporation (hereinafter referred to as the 'Corporation') to the private respondents requiring them to stop the construction in question. It also appears that when the private respondents did not comply with the aforesaid notice, a communication dated 26.03.2019 was addressed by the Corporation to the Police Station Shergari, Srinagar in terms of Section 254(2) of the Act of 2000 seeking assistance in removal of persons engaged at site. Another notice, in terms of first proviso to Section 253(1) of the Act of 2000 dated 02.04.2019 was issued by the Corporation to the private respondents, whereafter, a notice of demolition, in terms of Section 253(1) of the Act was issued by the Corporation on 05.04.2019 against the private respondents directing them to demolish/pull down the structure within a period of 7 days from the date of said notice.
Justice Sanjay Dhar after hearing both the sides observed that if we have a look at Byelaw No. 2.1.1, it defines 'unauthorised building' as a building undertaken after a building permit has lapsed or after a building permit has been revoked. The reasoning adopted by the Tribunal that, once a building permission has been issued and is valid even if the said building is raised in contravention of the building permission, the same would not qualify to be an unauthorized building, is absolutely flawed. What byelaw No. 2.1.1 conveys is that unauthorized building is a building which is undertaken without grant of permission, meaning thereby if a building activity is undertaken regarding which there is no permission, it would constitute an unauthorized building. To quote an example, if there is a building permission for raising three storeyed building and the person concerned constructs an additional fourth floor, the additional 4th floor would constitute 'unauthorized building'. Any deviation from the building permission would always constitute an unauthorized construction. The Tribunal by adopting flawed reasoning which is against the logic and common sense has termed the 'unauthorized construction' of the private respondents as authorized one and thereafter set aside the sealing order. The ground on which the Tribunal has quashed the order of sealing is absolutely perverse and liable to be set aside.
With these observations High Court disposed of the petition with the direction that the impugned order passed by the Special Tribunal is set aside; the private respondents are at liberty to approach the Commissioner, Srinagar Municipal Corporation with a petition for compounding of the deviations and if and when such a petition is made by the private respondents before the Commissioner, the same shall be considered by the said authority in the light of the building permission granted in favour of the private respondents, the relevant building byelaws, the zonal plan and all other relevant statutes and guidelines on the subject; The offending portion of the building constructed by the private respondents shall be sealed by the petitioner-corporation till such time a decision is taken by the Commissioner, Srinagar Municipal Corporation with regard to the question of compounding of deviations; and in case the deviations are not compounded/ regularized by the Commissioner, the private respondents shall ensure that offending portion of the building is demolished or, in the alternative, the Corporation shall undertake demolition of the offending portion in accordance with law.
—JNF
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU