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SANJEEV KUMAR
Mohammad Amin Bhat – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. The petitioner is claimably running a Guest House under the name "Al-Hamra Guest House" at Shalimar Srinagar. The building, which housed the aforesaid Guest House, was constructed as a two storied residential building in terms of building sanction granted by the competent authority vide order No.51 of September, 2003. With a view to expand the Guest House activities and to cater to the needs of the tourists effectively and efficiently, additional space was utilized and fresh construction over an area measuring 4500 sqft was completed in the year 2004. Indisputably, the construction activity was undertaken by the petitioner without proper building permission from the competent authority.
2. The case of the petitioner as set up in this petition is that he undertook the construction without seeking proper permission from the competent authority in anticipation of regularization of his structure in accordance with the law. It is submitted that with the promulgation of the Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014 [“Act of 2014”], all demolition proceedings, orders, sealing or penalty remained suspended in respect of buildings which had come into existence
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....
The main legal point established in the judgment is that the deletion of a statutory provision obliterates it from the statute-book, and the permissions granted were to remain in force for perpetuity....
The court noted that unauthorized construction may be regularized under existing rules if deviations are minor, requiring proper procedures for addressing complaints.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
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