STATE TIMES NEWS SRINAGAR: Justice Ali Mohammad Magrey of High Court on Monday directed Principal Secretary Housing and Urban Development Department (H&UDD) to ensure supplying of information about the violation of building permissions/ illegal constructions being carried out in the Srinagar City within four weeks. The court direction came in a petition filed by Abdul Qayoom Dar seeking reversal of the Order No. 85 of 2019 dated July 2, 2019, for short impugned order, by virtue of which two respondents have been granted the Building Permission for construction of ground plus four-storey building with Stilt Parking in ground floor and surface parking with first floor, second and third floor for mix use/ commercial building and fourth floor for residential purposes on a plot of land comprising Survey No. 2726 situated in Estate Natipora, Naik Bagh, Nowgam, Srinagar, on the terms and conditions contained therein. The challenge is laid on the varied grounds with particular reference of it being bad in law. The petitioner has stated in the writ petition that he is resident of the area where the construction, in terms of the impugned order, is being undertaken by the aforesaid respondents. It is stated in the writ petition that respondents had initially started raising illegally two single-storey commercial buildings adjacent to the petitioner’s house which was objected to by the petitioner and a civil suit was also filed by the petitioner before the court of 1st Civil Subordinate Judge, Municipal Magistrate, Srinagar, and a direction was given to concerned respondent to visit the spot and submit detailed status report vis-a-vis construction raised and violation if any observed of the building bylaws/ permission order. The petitioner further stated in the writ petition that building permission Order No. 3156 of 2018 dated August 7, 2018 had been granted in favour of aforesaid respondents but the aforesaid building permission was not executed. Thereafter, one more building permission under Order No. 104 of 2018 dated September 24, 2018 was granted in favour of aforesaid respondents in modification of Order No. 3156 of 2018 for construction of residential house semi-detached.
Besides seeking details of violators, the High Court further directed Commissioner, Srinagar Municipal Corporation to ensure that the building in question is sealed within two days and the same is put on Superdnama with an officer to be appointed by the Divisional Commissioner, Kashmir. “The officer upon having taken over as Superdar shall prepare an inventory of the sealed structure and submit report before this court within two days, copy whereof shall be sent to the Divisional Commissioner Kashmir and Divisional Commissioner, Kashmir, shall also record his satisfaction as regards the sealing of the structure and the report of the Superdar, and submit his report to the Court before the next date of hearing”, the HC observed.
High Court further directed Senior Superintendent of Police, Srinagar, shall coordinate with the Commissioner, SMC, for ensuring hassle free sealing of the structure and submit a report before this court.
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