Jammu & Kashmir High Court – Srinagar Bench
Fouzia Hamid vs Union Territory Of J & K & Ors on 30 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
01
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 188/2024, CM(347/2024)
c/w
WP(C) 3075/2023, CM(3841/2026) & CM(7312/2023).
Fouzia Hamid.
...Applicant(s)/Petitioner(s)
Through: Mr. Feroz, Advocate.
VERSUS
Union Territory of J & K & Ors.
...Respondent(s)
Through: Mr. Ilyas Nazir Laway, Government Advocate.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
30.07.2026
1. Both the writ petitions admit of disposal considering the grievance
of the petitioner- Fouzia Hamid, although said grievance has its
footing for the reason being that the petitioner comes forward
assailing that the building permission Order No. 03/Bldg/LDA of
2021 dated 12.01.2021 was issued jointly in favour of the
petitioner- Fouzia Hamid and her two brothers, namely Arshad
Hussain Matoo and Jahangir Hussain Matoo for construction of
a double-storey residential house after dismantling the existing
violated portion of plinth on the plot/land comprising khasra No.
2326/4 situated in Estate Nandpora.
2. The petitioner’s grievance is that by reference to the purported
violations, the J&K Lakes and Waterways Development Authority,
acting as a Building Control Authority (BCA), under the Control of
Building Operations Act, 1988, has issued a statutory show cause
notice for the alleged building violations only to Arshad Hussain
Matoo, leaving out Jahangir Hussain Matoo and the petitioner
who are the two other co-permittees.
3. This Court is not convinced by this argument of the petitioner,
particularly when the petitioner herself has left her brother-
Jahangir Hussain Matoo, out of the array of parties, neither
impleading him as a co-petitioner nor as a co-respondent,
meaning thereby that the three persons were acting in a split with
a design rather than by default.
4. Be that as it may, the mandate of Natural Justice requires due
following of procedure of law and for that purpose the onus
always rested upon the J&K Lakes and Waterways Development
Authority to deal with all the three persons by considering them
as one in the context of the alleged building violation with respect
to building permission Order No. 03/Bldg/LDA of 2021 dated
12.01.2021.
5. Before this Court proceeds to accord disposal to these writ
petitions, this Court deems it appropriate to have an inspection of
the building in question forming the subject matter of Building
Permission Order No. 03/Bldg/LDA of 2021 dated 12.01.2021
and, thus, directs the Enforcement Officer of the J&K Lakes and
Waterways Development Authority to visit the premises in
reference on 10th August, 2026 at 10:30 A.M.
6. For said purpose, this order shall constitute notice to the
petitioner, whereas with respect to Arshad Hussain Matoo and
Jahangir Hussain Matoo, the Enforcement Officer shall notify
said two persons about the inspection visit requiring their
presence at the time fixed in this order.
7. The inspection shall be carried out right from the base level up to
the top level and, in case any basement is found at the building
site, the inspection shall commence from the basement and
proceed up to the top, and full detailing of the building
construction existing at the site shall be reported to this Court by
the next date of hearing positively alongwith coloured
photographs
8. In the meantime, the Registrar Judicial, Srinagar is directed to
requisition the record of File No. STS/6385/2021 in case titled
“Arshid Ahmad Mattoo Vs. Vice Chairman, Building
Operation Controlling Authority, Srinagar & Ors.” from the
Jammu and Kashmir Special Tribunal, Srinagar which came to be
disposed of vide judgment and order dated 13.09.2023
9. List on 19th August, 2026.
10. A copy of this order be forward to Mr. Ilyas Nazir Laway,
learned Government Advocate appearing on behalf of the
respondents.
(RAHUL BHARTI)
JUDGE
SRINAGAR
30.07.2026
Bisma Jan.
