JAMMU AND KASHMIR HIGH COURT
Vinod Chatterji Koul, J.
Ghulam Mohi-ud-Din Malla v. UT of J and K
O. W. P. No. 1607 of 2017
| Table of Content |
|---|
| 1. seeking relief against illegal construction. (Para 1) |
| 2. details of ownership, prior legal actions and complaints. (Para 2 , 3 , 4 , 5 , 6) |
| 3. status report by respondents on construction permissions. (Para 7 , 8) |
| 4. court's findings on permission violations and statutory obligations. (Para 9 , 10 , 11 , 12) |
| 5. authority for revising building permits under municipal law. (Para 13) |
| 6. final orders by the court regarding the status of construction. (Para 14 , 15 , 16 , 17) |
1. Through the medium of this writ petition, the petitioner is seeking grant of the following relief:
"It is accordingly prayed that by an appropriate writ, direction or order including one in the nature of writ of certiorari / mandamus, the impugned sanction order No. 18 of 2017 or 48 of 2017 dt 15:5.2017 (Annexure C) be declared illegal and in violation to the rights of the petitioner and be accordingly quashed.
The respondents 1-5 be further directed to immediately proceed against the said illegal construction and forthwith pull down the same in its entirety to ground level.
The Hon'ble court may also proceed against the respondents 2 to 5 for allowing the said illegal construction to be raised upto its present position and not following the mandate of land the conditions contained in the aforesaid impugned permission and not allowing the said illegal construction to be raised from day one and not ensuring adherence of provisions of Control of Building permission Act and other relevant laws and impugned order.
The Hon'ble court may also' be pleased to direct the appropriate authority to ensure stoppage of al construction activity on spot and also seal down the said property on spot."
2. The facts under the shade and cover of which this petition has been filed require to be enumerated here and these are that one Ab. Rehman Mir S/o Kh. Mohd Mir R/o Parimpora Srinagar, was owner and in possession of land measuring 10.16 kanals under khasra No. 715/65 situated at Mouza Parimpora Srinagar; out of which he is said to have gifted some portion of land to respondent No.7. Besides, Ab. Rehman also rented out of 01 kanal from north of the said plot with easmentary rights and right to approach from Eastern side of the said big chunk of land. The said property was rented out to the petitioner in 1986, who installed and set up the band saw mill, which was functional and operated upon by the petitioner till January 2010. The petitioner also constructed a wooden structure on the said rented out plot of land. Rest of the land of aforesaid Ab. Rehman Mir was open and without any construction.
3. It is stated by petitioner in the writ petition that in December 2009, Ab. Rehman Mir and respondent No.7 started interference in the approach road, which constrained him to file a suit for injunction before the Courtof 1 Additional Munsiff, Srinagar, wherein status quo order was passed on 31.12.2009, which was extended from time to time. When the order of status quo was served upon the defendants, they along with respondent No.6 blocked the approach road, which constrained the petitioner to file a contempt petition against them, which is pending till date. During pendency of the suit, Ab. Rehman also transferred some of the land to the respondent No.7 and his wife Mst. Sara as contended by them and they too were later on impleaded as parties in the said suit.
It is also stated by petitioner that respondents 6 and 7 approached respondent No.2 for permission for raising construction of single storeyed joinery workshop with erection of compound walling on the aforesaid plot of land bearing khasra No. 715/65 with total plinth area of 1155 sft. only. Respondents 6 and 7, while applying for the aforesaid permission, did not disclose the fact of pendency of suit. Respondent No.2 vide order No. 18 of 2017 or 48 of 2017 dated 15.05.2017 accorded sanction for raising the structure and compound walling in favour of respondents 6 and 7. In terms of said permission, the respondents 6 and 7
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