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HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD ISHAQ ZAROO – Appellant
Versus
SRINAGAR MUNICIPAL CORPORATION AND ORS. – Respondent
ORDER :
1. The petitioner through the medium of the present writ petition filed under Article 226 of the Constitution of India has sought writ in the nature of mandamus directing the respondent-Corporation to accord permission and to allow the petitioner to construct the 3rd and 4th floor of the already existing commercial structure situated at Jahangir Chowk, Srinagar, for which the petitioner alleged to have fulfilled all the requisites formalities and has also submitted the requisite fee to the tune of Rs. 3,56,440 way back in the year 2019.
2. Learned counsel on behalf of the petitioner fairly submits that in the year 2019, the petitioner applied for sanction of building permission to carry out construction of 3rd and 4th floor on the said existing two storied commercial building situated at Jahangir Chowk Srinagar and had completed all the requisite formalities as was directed and conveyed by the respondent-Corporation as per the procedure envisaged for grant of building permission under Municipal Corporation Act, 2000. It is submitted by the learned counsel, that the petitioner has already deposited the requisite fee to the tune of Rs. 3,56,440, which he was directed to pay the
Availability of alternative and efficacious remedy under Section 307(5) of the Municipal Corporation Act for unlawful construction contrary to building permission.
Expired building permission allows application for extension or fresh sanction under Section 251; prepaid construction fee must be adjusted without forfeiture as unutilized fee lacks quid pro quo.
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....
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