Jammu & Kashmir High Court – Srinagar Bench
Abdul Majeed Zargar (Senior Citizen) vs Ghulam Hassan Mir (Srinagar Municipal … on 6 April, 2026
Serial No. 40
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 467/2023 in[WP(C) 1796/2022] CM(6707/2025).
ABDUL MAJEED ZARGAR (SENIOR CITIZEN).
.........Petitioner(s)
Through:
Mr. N. A. Beigh, Sr. Adv. with Mr. Sofi Manzoor, Adv.
Versus
GHULAM HASSAN MIR (SRINAGAR MUNICIPAL CORPORATION)
.......Respondent(s)
Through:
MR. Bikramdeep Singh, Dy. AG with
Ms. Nowbahar, Adv.
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
06.04.2026
1. The instant contempt petition arises out of an
order/judgment dated 29.05.2023 passed by this Court in
WP(C) No. 1796/2022, by virtue of which the writ petition
preferred by the petitioner was disposed of with a direction
to Srinagar Municipal Corporation(SMC) to consider the
complaint filed by the petitioner before it with regard to
the construction so raised and after hearing both the
parties, the Srinagar Municipal Corporation was directed
to pass appropriate orders in conformity with the
provisions of the Municipal Corporation Act, and the
bylaws made thereunder. In addition both the parties were
directed to appear before the Joint Commissioner
Planning on 08.06.2023 and the writ petition was
disposed of accordingly.
2. Mr. Bikramdeep Singh, learned Dy. AG, appearing on
behalf of the respondents submits that he has filed a
detailed compliance report in terms of order mentioned
supra followed by order dated 18.07.2025. The learned
counsel for the respondent has drawn the attention of this
Court to the compliance report so filed, a perusal whereof
reveals that both the parties were heard in the Office of
Joint Commissioner Planning and the
petitioner/complainant has raised objections with respect
to the following issues;
I. Building height
II. Set back norms
III. Raising of ground level
IV. Building usage
V. FAR/FSI
VI. Ground coverage
VII. Parking".
3. It is further submitted that the building permission issued
by the Corporation viz.a.viz the provision contained in the
master plan-2035, certain observations surfaced which
the respondents have tabulated in Para 6 of the
compliance report and is reproduced as under;
Parameters As per Building As per Master
Permission Plan-2035
Ground coverage 31% 40%
Setbacks Front:35'-0" Front:20'-0"
Rear:15'-5" Rear:15'-0"
One side:15'-0" One side:15'-0"
Other side:15'-0" Other side:15'-0"
Building usage Mixed use Mixed use
Parking 30ECS (provision) 25 ECS (Demand)
FAR 1.20 1.20/1.60
Height G+4 G+4 @ 31% Ground
Coverage
Zone MDR_Zone MDR_Zone_
Ground Coverage 30.6% 40%
FAR 1.60/1.20 1.60/1.20
Height G+4 4/5 floors
Permitted area 6520 Sft N.A
Plot area 21264 Sft N.A
4. In addition, it has also been submitted that the concerned
petitioner has raised structure with deviation in plinth
and built-up area at ground floor level and has also raised
the structure upto the raft level by around 3 feet
necessitating the provisions of ramp for the stilt floor
approved for parking purposes. Consequently, the
provisions of ramp to stilt floor may lead to raising of
plot/ground level by about 3 feet at least on 2 sides.
5. It is also submitted that the respondent No. 2 i.e., Joint
Commissioner Planning, Srinagar Municipal Corporation,
Srinagar has also conducted the site inspection and has
observed that the concerned petitioner has raised 5th floor
without building permission which was brought to the
notice of the appropriate authorities to proceed as per the
6. Although, the permittee had applied for raising of 5 th floor
over the existing G+4 storied building through online
building permission system (OBPS) vide application No.
SMC/2023/3797 dated 08.09.2023, the same was
rejected by the competent authority being not permissible
under rules. Thereafter, the permittee had applied for a
fresh through OBPS under application No.
SMC/2023/4150 dated 21.11.2023 for modification of his
previous building permission issued vide order No.
403/2020 dated 19.12.2020, seeking raising of attic floor
for family use over the existing G+4 storied building along
with regularisation of deviations and the same was again
rejected by the competent authority on 04.04.2024 on the
ground that the proposal for the applicant does not
confirm to the provisions of the master plan 2035 and
J&K building bylaws 2021 with respect to the setbacks.
7. Thus, on the basis of the stand taken by the respondent in
the compliance report, the case was placed before the
Commissioner-Srinagar Municipal Corporation for
necessary orders in terms of J&K Municipal Corporation
Act, and the concerned Ward Officer/field staff was asked
to ascertain the deviations and the report has been given
by the said field officer with respect to construction work
of the columns under iron truss in violation of order dated
28.02.2024 with respect to the status quo passed by the
J&K Special Tribunal. The matter did not rest over here.
The permittee has filed an appeal against order of
demolition before the learned Tribunal, wherein order
dated 19.07.2024, the following direction was passed with
respect to the building permission bearing No. 403 of 2020
dated 19.12.2020:
“It is admitted case that vide building permission order No.
403/2020 dated 19.12.2020, the appellant was permitted to
raise construction of G+4 mixed use building, with a total
height of 60 feet up to the ridge top. It is the contention of the
appellant that the revised building plan had been submitted on
21.11.2023, for regularizing some excess floor coverage and the
height of the building which was necessitated by the
architectural consultancy for structural safety and the aesthetic
roof top. Within the statutory period the revised building plan
was not addressed, as such, it lawful for the appellant there be
any deviation, the respondents shall be at liberty to proceed
accordance with the law and also to intimate this Tribunal for
taking view of the matter. Interim application shall stand
disposed of. Appeal be posed for further consideration on
01.10.2024. The appellant shall furnish an undertaking within
4 days in terms of the conditions above.”
8. In the light of the stand taken by the respondent in the
aforesaid compliance report, Mr. Bikramdeep Singh,
learned Dy. AG, submits that the order/judgment passed
by the learned writ court dated 29.05.2023 stands
complied with. It is further submitted that whatever was
required on the part of the Srinagar Municipal
Corporation have already been duly completed.
Accordingly, the contempt proceedings are liable to be
closed, and the present contempt petition deserve to be
disposed of.
9. Heard learned counsel for the petitioner and also perused
the stand taken by the respondent in the compliance
report. The Court is in agreement with the statement
made by Mr. Bikramdeep Singh, learned Dy. AG,
appearing on behalf of the respondent, that the order
passed by the learned writ court stands complied with.
This Court is of the view that whatever was required on
part of the respondent have already been done and thus,
the proceedings in the instant contempt petition are liable
to be closed.
10. Accordingly, the proceedings in the instant contempt
petition are closed. Rule, if any, shall stand dis-charged,
as the order passed by the learned writ court stands
complied with. However, disposal of the instant contempt
petition shall not come in the way of the petitioner to
agitate his cause before the appropriate authority, where
the matter is presently pending, with regard to the same
subject matter.
(WASIM SADIQ NARGAL)
JUDGE
Srinagar
06.04.2026
Sakeena