The main legal point established in the judgment is that the construction of the housing colony was in violation of Section 133-A, J&K Land Revenue Act, and Master Plan 2000-2021, and the impact of the J&K Civil Laws (Special Provisions) Act, 2014 on the construction.

Hasnain Massodi, J.:-

1. Controversy in writ petitions on hand relates to construction of a housing colony under name and style of M/s. Sheikh-ul-Alam Housing Colony at Pampore. Petitioners in OWP No. 614/2009 claim to be office bearers of Falah Behbood Committee, Pampore. They aver that Committee has been constituted by inhabitants of Tehsil Pampore to work for development of Pampore Town, eradication of social evils and economic disparities and overall welfare of people of the area. Petitioner in OWP No. 990/2011 is a Cooperative Society, registered under Section 4. J&K Self Reliant Cooperative Act, 1999. The Society intends to construct a housing colony on 92 Kanals and 01 Maria of land acquired by it at Estate Namblabal, Pampore, but side local limits of Municipal Committee, Pampore. Petitioners in OWP-No. 614/2009 plead that land acquired by Sheikh-ul-Alam Housing Colony (for short "Housing Colony") is Abi Awal land used for agricultural purposes and in terms of Section 133-A, J&K Land Revenue Act, it cannot be converted into residential land. They insist that Housing Colony has no right to convert agricultural land, acquired by it into residential area and therefore, cannot be allowed to raise proposed construction over land in question. They are aggrieved that Housing Colony is being allowed to excavate soil and raise construction in violation of law and directions passed from time to time by concerned authorities including Deputy Commissioner, Pulwama's No. 18-DCP/SQ of 2008 dated 16th April 2008. They claim to have approached authorities with successive representations for stopping earth excavation and proposed construction, without an adequate response from authorities except inter se communications between them. Reference in this regard is made to letter No. TP/OQ/139-42 dated 15th April 2009, addressed by Tehsildar, Pampore to Naib Tehsildar, directing him to stop such operations, letter No. DivCom/OSD/Misc/09 dated 11th July 2009, addressed by OSD with Divisional Commissioner, Kashmir, to Deputy Commissioner, Pulwama, requesting him to examine complaint regarding conversion of Abi Awal land in violation of Section 133-A, J&K Land Revenue Act, by Housing Colony and Notice dated 1st January 2008, prohibiting conversion of paddy land into residential/commercial land by earth filling.

2. Petitioners are aggrieved with order No. 04 of 2009 dated 22nd June 2009, issued by Vice Chairman, Srinagar Development Authority (SDA), according sanction in terms of Section 4, J&K Control of Building Operation Act, 1988 (COBOA) read with J&K Control of Building Operation (Revised) Regulations, 2001, (COBORR) in favour of Housing Colony, permitting it to construct 15 HIG/MIG/LJG category houses at Namblabal, Pampore. It is pleaded that sanction accorded is without jurisdiction as the Authority lacks power to permit construction on Abi Awal land.

3. Petitioners, on strength of averments made in petition, seek following relief:

"a) Certiorari, quashing order No. 04 of 2009 dated 22.06.2009, passed by respondent No. 6 in favour of respondent No. 7.

b) Mandamus, commanding official respondents to implement order No. 18 DCP-SQ of 2008 dated 16.4.2008 and order no DIPK-7731 dated 01.01.2008, further commanding respondents to stop forthwith all activities of excavation of soil being operated in the Town Pampore and not to allow respondent No. 7 to fill the 100's of Kanals of Abi Awal land.

c) Mandamus, commanding official respondents not to allow private respondent No. 7 to develop housing colony at Village Bagander/Meh Pampore District Pulwama."

4. Respondent No. 6 i.e. Srinagar Development Authority, opposes writ petition on the ground that area, where construction has been permitted, is included in Master Plan 2000-2021 for Srinagar; that in the Master Plan, the site in question is shown as residential area. It is insisted that land falls within jurisdiction of SDA and that permission granted in favour of Housing Colony is in accord