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RAJNESH OSWAL, MOHAN LAL
Rehana Raj – Appellant
Versus
Srinagar Municipal Corporation – Respondent
JUDGMENT :
Oswal, J.
1. The Appellants are aggrieved of Order dated 8th of July, 2022 passed by the learned Writ Court in WP (C) No. 1457/2022, whereby the Writ Petition filed by the Appellants challenging the Order dated 18th of June, 2022; re-sealing the premises of the Appellants situated at Suthra Shahi, Srinagar; has been dismissed on the ground of availability of efficacious statutory remedy under the Jammu and Kashmir Municipal Corporation Act, 2000 (for short “the Act of 2000”).
2. Mr R. A. Jan, the learned Senior Counsel, appearing for the Appellants, vehemently argued that Section 253 of the Act of 2000 was not applicable in the case of the Appellants as the Appellants were not erecting any work within the meaning of Section 253 of the Act of 2000, rather the Respondents had proceeded against the Appellants under Section 258 of the Act of 2000 read with Byelaws 2.2.5 and 2.2.6 of the Srinagar Municipal Corporation (Building) Byelaws, 2011; and Byelaw 2.12 of the Jammu and Kashmir Unified Building Byelaws, 2021. It is contended that, although the aforesaid issue was argued before the learned Writ Court, but same was not appreciated, thereby rendering the impugned Order unsust
The main legal point established in the judgment is the jurisdiction of the Special Tribunal to compound deviations and entertain the revision petition, and the interpretation of 'unauthorized buildi....
A tenant of an unauthorized construction lacks standing to challenge a demolition order as they are not considered 'any person aggrieved' under Section 400(3) of the KMC Act.
Deprivation of property without due process violates constitutional rights. Sealing without prior notice and opportunity to be heard is a violation of natural justice.
Compliance with statutory requirements under the Jammu and Kashmir Municipal Corporation Act is essential before seeking relief through writ jurisdiction.
The actions of local authorities under statutory provisions must be clearly within jurisdiction; mere allegations of unauthorized use do not suffice for enforcement actions without supporting evidenc....
The court determined that notice to the property owner is sufficient for seizure actions under the Rajasthan Municipalities Act, thus denying the necessity for tenant notifications in cases of unauth....
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