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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Mohammad Subhan Yatoo – Appellant
Versus
Union Territory of Jammu & Kashmir Through Commissioner Secretary to Government Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. no reply filed; averments uncontroverted; early disposal conceded. (Para 10 , 11 , 14) |
| 2. permission granted 2016; delayed by turmoil, pandemic, finances; fee deposited. (Para 12 , 13) |
| 3. petition admitted and disposed with consent. (Para 15 , 16) |
| 4. approach smc commissioner under section 251 for extension. (Para 17 , 18 , 19 , 20 , 21) |
| 5. section 251 enables post-expiry extension application. (Para 22) |
| 6. adjust deposited fee for fresh permission considering circumstances. (Para 23 , 24 , 25) |
| 7. fee requires quid pro quo unlike tax. (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 8. fee retention impermissible without statutory authority. (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 9. direct timely application, fee adjustment, decision by smc. (Para 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
01. The petitioner through the medium of the instant petition has sought the following relief(s):
“A) By issuance of writ, order or direction one in the nature of Mandamus, respondents be directed to extend the life of building permission granted in favour of petitioner vide Order No. 2175 of 2016 dated 24-10-2016 further for a period of three years commencing from the date Hon’ble Court pass
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