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Building Violations 'Becoming A Menace': J&K High Court Restrains Srinagar Hotel Use
The has stepped in to halt the alleged illegal commercial operation of a building in Srinagar, issuing an interim restraint while directing a corruption probe into the departmental clearances that facilitated its conversion from residential to hotel use.
Justice Rahul Bharti, hearing a filed by local resident Syed Bilal Ahmad Qadri, directed the Commissioner of the to ensure that the building in question — situated directly opposite the petitioner's residence in the Reyazat Tang, Khanyar area — is not put to any commercial use as a hotel or guest house until the next date of hearing. The court warned that any violation of this direction would result in the Commissioner being held in breach of the court's order.
A Resident's Repeated Battle for Enforcement
The case marks the petitioner's third concerning the same construction. Qadri had previously filed WP(C) No. 3473/2023 and WP(C) No. 3019/2024, both of which were disposed of on , with a direction to the SMC Commissioner to consider his grievance and pass an appropriate order after hearing the building's owner.
According to the petitioner, the building's owner, Ashiq Hussain Sheikh, obtained Building Permission No. SMC/2023/1616 dated 26 June 2023 for construction, but within a month of the grant, set in motion plans to register the yet-to-be-completed structure as a guest house under the name "Hotel Shady Oaks." A signboard advertising the hotel now sits atop the building, even as the legality of its commercial transformation remains unresolved.
Qadri addressed a communication to the SMC Commissioner on , followed by a legal notice on , yet received no response — all while the building was allegedly commissioned for commercial use. The petitioner's counsel, , further pointed to the role of the , which had previously directed the SMC to consider a regularization application from Sheikh regarding alleged violations.
'Turning a Blind Eye, By Design or Default'
The court's observations went beyond the individual dispute, highlighting what it described as a systemic failure of civic authorities to act against illegal constructions.
"The matter of building violations is becoming a menace which leaves any genuinely placed resident citizen acting, within the bounds of law, a mere spectator to the least botheration of the Municipality/Municipal Corporation/other Civic Authorities, who are often found to be turning a blind eye, by design or default, so as to let the building violation attain its complexion and completion, thereby leaving an aggrieved resident or neighbour to resort to frustration and litigation simultaneously, and this case is perhaps reflective of that scenario."
Finding that a case had been made out, the court issued notice in the , with service on respondent No. 13 (the building owner) to be effected through the Tamilat Section of the Principal District Judge, Srinagar.
Interim Restraint and Stern Warning
Pending the next hearing, the court directed the SMC Commissioner to ensure the building is not operated as a hotel or guest house in any manner whatsoever.
"The Commissioner,, Srinagar to ensure that the building in reference of the respondent No. 13 is not put to any commercial use by reference to a hotel or guest house whatsoever it may be till the next date of hearing."
The court was emphatic about enforcement, adding:
"Any violation of this direction by allowing the use of the building in reference for hotel or guest house purposes shall result in respondent No. 2— Commissioner,— being held to be in breach of the court order, and a report of compliance to the said effect be submitted by the said respondent No. 2 on next date of hearing."
ACB Tasked with Unearthing NOC Records
In a significant move, the court directed the Director of the , Jammu and Kashmir, to gather original records of all No Objection Certificates (NOCs) issued in favour of respondent No. 13 by multiple departments — including the , , , and . These NOCs, dated between November 2023 and August 2024, reportedly supported the commercial use of the building.
The Registrar Judicial, Srinagar, was also directed to requisition the record of the appeal titled
"
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from the
, which has since been disposed of.
Awaiting August 19 Review
The court noted that its interim directions remain subject to objections from the respondents, including the SMC Commissioner and the building owner. A compliance report from the SMC has been sought for the next date of hearing.
The matter is now listed for further review on , by which time the ACB is expected to produce the NOC records and the SMC Commissioner must demonstrate compliance with the restraint order.
This case underscores a growing judicial concern over municipal authorities' failure to enforce building regulations in the Union Territory — and the willingness of the High Court to intervene where administrative inaction leaves citizens with no effective remedy.
