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2021 Supreme(J&K) 417

ALI MOHAMMAD MAGREY
Sadat Ahmad Qadri – Appellant
Versus
Competent Authority for Building Permission – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. M.A. Qayoom, Advocate with Mr. Mian Muzaffar, Advocate
For the Respondent(s) Nos.6 to 9:Mr. D.C. Raina, Advocate General with Mr. Sajad Ashraf, GA
For the Respondent(s) Nos.1 to 5:Mr. Moomin Khan, Advocate

JUDGMENT :

Ali Mohammad Magrey, J.

1. The petitioner has filed this petition seeking quashing of order no.142 of 2020 dated 09.07.2020 issued by respondent no.3, Joint Commissioner (Planning), Srinagar Municipal Corporation, rejecting the application of the petitioner for grant of building permission. The petitioner has also prayed for a mandamus to direct the respondents to allow the petitioner to raise the commercial construction on the leased land, as per the plans submitted by him before respondent nos.1 to 3 on the principle of deemed permission and not to cause any kind of interference with the raising of the said construction in any manner, whatsoever.

2. The case of the petitioner is this: That in terms of lease deed executed on 08.08.2013, registered on 12.08.2013 by Sub-Registrar, Srinagar, land measuring 01 Kanal and 10 Marlas, falling under Survey no.695 min, Khewat No.3, Khata No.40 situate in Mouza Nursing Garh (Solina), Tehsil and District Srinagar, was leased out by Swami Tapna Nand Ji, Chaila of Swami Sukhanandji Saraswati, Mahant Narayan Mutt, Mandir Shivji, Solina, Srinagar, to the petitioner in consideration of an amount of Rs.1,00,000/- paid as premium before exec

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