Jammu & Kashmir High Court – Srinagar Bench
Nazir Ahmad Bhat vs J&K Special Tribunal And Ors on 24 July, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 156
Supplementary List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) No. 1743/2026
Caveat No. 1565/2026
Nazir Ahmad Bhat
..... Appellant/petitioner(s)
Through: -
Mr. Saqib Shabir, Advocate
V/S
J&K Special Tribunal and Ors.
..... Respondent(s)
Through: –
Mr. Bikramdeep Singh, Dy. AG
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
24.07.2026Caveat No. 1565/2026
Heard learned counsel for the caveators. Caveat stands discharged.
WP(C) No. 1743/2026
01. By way of the present petition, the petitioner has challenged the order
dated 02.07.2026 passed by the J&K Special Tribunal, Bench-I, in
appeal titled Nazir Ahmad Bhat v. Commissioner, Srinagar Municipal
Corporation (SMC) and Others, whereby the appeal preferred by the
petitioner under Section 253(1) of the Jammu and Kashmir Municipal
Corporation Act, 2000, assailing the demolition notice dated
01.04.2024, has been dismissed.
02. Learned counsel for the petitioner submits that the primary grounds
urged before the Appellate Tribunal, particularly that the show cause
notice dated 30.03.2024 was followed by the demolition notice dated
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
01.04.2024 without affording the petitioner an adequate opportunity
of being heard, have not been duly considered by the Tribunal. It is
further submitted that the petitioner had filed an application dated
21.02.2024 seeking regularization of the construction, which has not
been considered by the competent authority till date.
03. Learned counsel appearing for the respondents submits that the show
cause notice dated 30.03.2024 and the consequential demolition notice
dated 01.04.2024 under Section 253(1) of the Act had been duly
issued to the petitioner. However, learned counsel for the petitioner
reiterates that no effective opportunity of hearing was afforded to the
petitioner prior to the issuance of the demolition notice dated
01.04.2024.
04. Notice is waived by Mr. Bikramdeep Singh, learned Deputy Advocate
General, appearing on behalf of the respondents. He seeks and is
granted four weeks’ time to file reply, with copy in advance to learned
counsel for the petitioner. He shall also keep the relevant record
available on the next date of hearing.
05. List on 01.09.2026.
06. In the meantime, subject to objections from the other side and till the
next date of hearing before the Bench, the parties to the lis are
directed to maintain status quo on spot with regard to the property in
question.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
24.07.2026
“Mohammad Yasin Dar”
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
