Abdul Majeed Zargar (Senior Citizen) vs Ghulam Hassan Mir (Srinagar Municipal … on 6 April, 2026

    0
    45
    ADVERTISEMENT

    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

    SPONSORED

    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

    Municipal Corporation Act.

    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



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here