Srinagar: The J&K High court dismissed a plea of Vikas Dhar seeking a direction against the official respondents not to interfere in the construction of a multiplex theatre in Shivpora, Srinagar.
In a judgement passed by court of Justice Tashi Rabstan held under Section 243 of Cantonments Act of 2006 no construction can be carried without seeking permission for extension of time, if the fixed time period lapses.
The court recorded that in the present case, the permission to construct a Multiplex was sanctioned to be valid for two years. Accordingly permission came to be granted on 22 May, 2018 which ended on 21 May, 2020 but the petitioner did not seek any extension of time at all which is contrary to the law.
The court said that if erection of any building or execution of any work is carried on without sanction or contrary to the sanction granted, though not completed, or if such erection of building or execution of work is in contravention of any condition, subject to which such sanction has been accorded or is in contravention of any provision of the Act of 2006 or by-laws made thereunder, the Chief Executive Officer can, as is envisaged in Section 239 of the Act of 2006, stop the same forthwith.
Justice Tashi Rabstan noted that if petitioner, in the present case, had not been in a position to complete the construction within two years as was required in terms of building permission granted in his favour by respondent-Board, he could have well in time approached respondent-Board for its extension.
“Till the time, his request for extension was considered and be decided he could not/cannot continue with the construction in question. In that view of matter, writ petition lacks merit,” court said.
The court also recorded that if the petitioner is aggrieved of order, impugned in this writ petition, he has statutory remedy available under the provisions of the Act of 2006.
“For all that has been said above, writ petition is devoid of any merit and is accordingly dismissed with connected CM(s). Interim direction, if any, shall stand vacated,” Justice Rabstan directed.
Justice Tashi also said that petitioner is free to avail of the remedy and as available to him under law. “The observations as to any factual background, made hereinabove, shall not be taken as one to influence the forum/fora, to whom the petitioner approaches or before whom he has approached,” the court said.
Earlier Petitioner, Vikas Dhar had submitted before court that on 22 May, 2018 he was granted permission to construct five storeyed building at Shivpora Srinagar.
After issuance of building permission, the construction got delayed as the petitioner said that he accepted an offer from the Government to establish a Theatre in Srinagar. He further submitted that he approached concerned authorities as well as respondents, with a representation dated 27th October 2018 and thereafter he started construction in November 2018.
The petitioner says, in March 2020, as lockdown was imposed by the Government, construction activities were completely banned and workers left for their hometown, which caused delay in completion of the construction.