HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CJ Court

Case: WP (C) No. 576/2021

CM No. 1745/2021

CM No. 3680/2021

Ali Mohammad Bazaz

…Petitioner(s)/Appellant(s)

Through:

Mr. R. A. Jan, Sr. Advocate with

Mr. Taha Khalil, Advocate

V/s

Union Territory of J&K and Ors.

…Respondent(s)

Through:

Ms. Asifa Padroo, AAG

Coram:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE SANJAY DHAR

ORDER

08-07-2021

Heard Mr. R. A. Jan, Sr. counsel appearing for the petitioner

assisted by Mr. Taha Khalil, Advocate.

The petitioner has put up this writ petition in connection with

his residential house situated at Rangparistan Rainawari, Srinagar.

The allegation of the petitioner is that the aforesaid house has

been illegally sealed by the LAWDA on 13-03-2021 and a notice

to that effect has been pasted on the house. The petitioner and his

family members have been ousted.

The submission is that there is no order directing for sealing of

the said property and that no procedure whatsoever was followed

under the provisions of Control of Building Operations Act, in

sealing the said property.

On the last occasion vide order dated 11-05-2021 we had

allowed Ms. Asifa Padroo, learned AAG to produce the copy of

the order by which the property was directed to be sealed. In

pursuance of the above direction, Ms. Asifa Padroo very fairly

S. No. 202

accepts that there is no order directing for the sealing of the above

property but the sealings was carried out on the directions of the

Court passed in WP (C) No. 3074/2019.

The record of the above writ petition has also been sent by the

office on the direction of the Court and we have perused the order

sheet thereof. In the said writ petition filed by the petitioner, the

writ court vide order dated 23-10-2019 has observed as under;

<It is made clear that in case the petitioner has

raised construction beyond the mandate of the

permission granted, the same shall be sealed in

accordance with the rules.=

The aforesaid order clearly indicates that only in the case if the

petitioner has raised constructions beyond the permissible limits,

the structure shall be liable to be sealed in accordance with the

rules.

In accordance with the rules means that the procedure

prescribed under the Building Operation Act, has to be followed

before sealing any property.

Admittedly the respondents have not followed any such

procedure. Neither any notice was given nor any opportunity was

given to the petitioner to show cause before sealing the property.

In the light of the aforesaid facts and circumstances, the action

of the respondents in sealing the property of the petitioner on 13-

03-2021 is not only violative of the principles of natural justice but

is in breach of the express provisions of Control of Building

Operations Act. It reflects the high headedness on part of the

respondents.

Accordingly, the writ petition is allowed and the writ in the

nature of mandamus is issued to the respondents to immediately

remove the seal from the property in question which has been put

by them on 13-03-2021. It will be open for the respondents to

proceed, if necessary, in accordance with the law to pass a fresh

order.

We leave it open for the petitioner to draw civil proceedings, if

so advised for claiming damages against the respondents on

account of the aforesaid illegal sealing of the property which had

remained sealed from 13-03-2021 till date.

The writ petition is allowed.

(SANJAY DHAR)

(PANKAJ MITHAL)

JUDGE

CHIEF JUSTICE

Srinagar

08.07.2021

Sakeena

SAKEENA MOLVI

I attest to the accuracy and

authenticity of this document

12.07.2021 01:16