Dismissed

Tariq Ahmad Baktoo v. Commissioner, Smc and Others (Srinagar Municipal Corporation)

J&K HC13 Sept 2021OWP/1309/2016

Case brief

AI extract

What is this about?

Hearing a writ petition for quashing of an appellate order and demolition order. The petitioner raised constructions without obtaining building permission. Contrary to petitioner's submission regarding repairs and age of building, the court dismissed the petition due to lack of merit and absence of valid sanction.

What did the court decide?

Petition dismissed; no demolition or appellate order quashed.

Tariq Ahmad Baktoo Vs Commissioner, Smc and Others (Srinagar… — Property and Title | J&K HC (2021)

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S. No. 13

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CJ Court

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OWP No. 1309/2016

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Tariq Ahmad Baktoo …Petitioner(s)/Appellant(s) Through: Mr. Showkat Ali Khan, Advocate V/s Commissioner SMC and Ors. …Respondent(s) Through: Mr. Moomin Khan, Advocate

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Coram:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL

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ORDER 13-09-2021

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Heard Mr. Showkat Ali Khan, learned counsel for the petitioner and Mr. Moomin Khan, learned counsel appearing for the Srinagar Municipal Corporation.

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The petitioner was given a show cause notice under Section 253 (1) of the J&K Municipal Corporation Act, 2000, to show cause as to why the constructions raised by him in contravention of the provisions of the Act, be not demolished. Consequent to the aforesaid show cause notice and order of demolition was passed on 07-06-2016 as the constructions raised by the petitioner were found to be contrary to the land use and the building by laws affecting the plan development. It was also stated that the petitioner has constructed a single-story building without obtaining proper permission from the competent authority.

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The petitioner against the order of demolition filed an appeal before the J&K Special Tribunal. The said appeal has been dismissed vide order dated 16-06-2016. Thus, the petitioner has

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come up in this writ petition for quashing of the appellate order as well as the order of demolition.

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Petitioner contends that he has only repaired the building and since a school was running in the building, it was not possible for him to wait for the permission to get it repaired.

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The petitioner may contend that he has under taken repairs only to the building but under the show cause notice and the order of demolition it was found that he has raised constructions without any building permission. On being repeatedly asked, the petitioner is unable to show any sanction to the building plan or the permission granted to him for erecting any building so the building itself is without any permission. Accordingly, the question of repairs does not arise.

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Learned counsel for the petitioner submits that the building is very old and that at the relevant time it was not within the Srinagar Municipal Corporation and, as such, permission was not required.

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The petitioner has not filed any response to the show cause notice and has not taken any such plea in the memo of appeal before the Special Tribunal. The allegations that the building was erected decades ago does not inspire confidence. It appears that the petitioner in the garb of the repairs has erected a new building without obtaining any permission from the competent authority.

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In view of the aforesaid facts and circumstances, we find no merit in this petition and the same is accordingly dismissed.

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(VINOD CHATTERJI KOUL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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Srinagar 13.09.2021

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Sakeena

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SAKEENA MOLVI I attest to the accuracy and authenticity of this document 15.09.2021 00:22

Tariq Ahmad Baktoo v. Commissioner, Smc and Others (Srinagar Municipal Corporation)

Case brief

What is this about?

What did the court decide?

Tariq Ahmad Baktoo v. Commissioner, Smc and Others (Srinagar Municipal Corporation)

Case brief

What is this about?

What did the court decide?

What the court decided

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