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SANJAY DHAR
Srinagar Municipal Corporation – Appellant
Versus
Aijaz Ahmad Baba – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. By this common judgment, two writ petitions, one filed by Sh. Shabir Ahmed Gojawari [WP (C) No. 1914/2020] and the other filed by Srinagar Municipal Corporation [WP (C) No. 1701/2021] challenging judgment dated 10.09.2020 passed by the Jammu and Kashmir Special Tribunal, Srinagar (hereinafter referred to as “the Special Tribunal”) are proposed to be disposed of. Before coming to the grounds of challenge raised by the writ petitioners in these two writ petitions, it would be apt to briefly refer to the facts leading to the filing of the present writ petitions.
2. Vide building permission Order No. 3048 of 2018 issued by the Srinagar Municipal Corporation in terms of Sections 243 and 244 of the Jammu and Kashmir Municipal Corporation Act, 2000 (hereinafter referred to as the “Act of 2000”) read with Jammu and Kashmir Municipal Corporation Building Bye-laws, 2011 (hereinafter referred to as the “Bye-laws of 2011”) the private respondents, namely Aijaz Ahmad Baba, Manzoor Ahmad Baba and Nisar Ahmad Baba were accorded permission for execution of repairs/restoration by way of retrofitting to strengthen the existing three storeyed heritage building with attic wi
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....
The court emphasized that it cannot go into disputed questions of fact while exercising writ jurisdiction under Article 226 of the Constitution and highlighted the finality of orders and the bar on j....
The Tribunal has the authority to regularize minor violations of building regulations, and the High Court's supervisory jurisdiction does not extend to re-evaluating factual determinations made by lo....
Judicial review can be exercised over tribunal decisions when gross violations occur, highlighting the importance of accountability in administrative law.
The Special Officer lacked jurisdiction to regularize unauthorized construction under the KMC Act, rendering the action null and emphasizing the fundamental nature of jurisdiction in legal proceeding....
Sealing of unauthorised construction does not require a written order if a previous sealing order exists. Petitioners' lack of clean hands can lead to dismissal of their petition.
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