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SANJEEV KUMAR
Mohammad Ismail Beigh – Appellant
Versus
Commissioner, Smc – Respondent
JUDGMENT
1. In this petition, the petitioner has called in question order dated 24th August, 2022, passed by J&K Special Tribunal, Srinagar, on an appeal filed by the petitioner against the notice of demolition issued by respondent No.2 under Section 253(1) of the Municipal Corporation Act, 2000 [the Act].
2. The order aforesaid is assailed, primarily, on the ground that the J&K Special Tribunal, while dismissing the appeal of the petitioner and upholding the order of demolition, could not have directed Srinagar Municipal Corporation to carry out the demolition in terms of the notice upheld by the Tribunal.
3. Learned counsel for the petitioner argues that even after the dismissal of the appeal, it was open to the petitioner to apply for compounding of the violation or even apply under Regulation No.2.1.2(c) of the Srinagar Municipal Corporation (Building) ByeLaws, 2011, for building permit with regard to the constructed building and get the building permission subject, of course, to the fulfilling of the requirements of Rules and Regulations governing the constructions in the Municipal areas of Srinagar Municipal Corporation.
4. In order to appreciate the grounds of challenge raised b
The finality of the order of demolition made by the Commissioner and the applicability of Bye-law No.2.1.2(c) of the Srinagar Municipal Corporation (Building) Bye-Laws, 2011 were the central legal po....
The central legal point established is the requirement for adherence to the principles of natural justice in quasi-judicial proceedings, emphasizing the right of parties to be heard before a decision....
The de minimis non curat lex principle was applied to uphold the regularization of minor unauthorized construction.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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