Srinagar: The J&K High Court stayed the construction of a hotel in the vicinity of Gogji Bagh Srinagar while directing Srinagar Municipal Corporation to depute a team of responsible officers to take still photographs and video of present status of construction of the building.
“The same shall be done after intimation to the owners of the said building without any delay. The exact measurement of the construction and the status thereof in the building shall also be noted,” ordered Justice Rajesh Bindal and Justice Sanjay Dhar.
The Bench also directed officials to apprise the court of the names of the Khilafwarzi officers, who remained posted in the area during the period the construction was raised.
“The report shall be submitted to the Court on or before the next date of hearing regarding violations made in the construction as compared to the sanctioned plan irrespective of compounding allowed by the Tribunal,” the division bench directed.
Earlier the Special Tribunal had allowed the building owners namely Habibullah and Rashid Anwar to carry on with the construction without hearing SMC counsel and the inhabitants of Gogji Bagh, Srinagar.
The court while giving reference to Supreme Court orders noted that the manner in which the Presiding Officer-Abdul Majid Bhat of the Special Tribunal is passing orders does not inspire confidence.
The Bench said, “Many orders passed by the same Officer were challenged before the Jammu bench of this Court as well. Compounding has been allowed of major violations ignoring the provisions of Rules and Regulations. In the case in hand, even principles of natural justice have not been followed as neither the counsel for Corporation was heard nor the applicants who had filed application for being impleaded in the appeal were apprised of the date of hearing.”
The court said, “Keeping in view the enunciations of law laid down by the Supreme Court, we deem it appropriate to direct the Tribunal to send soft copies of all the orders passed by it to the Registrar Vigilance of this Court, from the date he joined as Presiding Officer of the Tribunal.”
“At the first instance orders passed under Control of The Jammu & Kashmir Building Operations Act, 1988 be sent. The needful be done within a period of one month from the date of receipt of copy of this order,” the bench ordered.
Previously a plea was filed by inhabitants of Gogji Bagh, Srinagar against the construction of a hotel in the residential area.
The petitioners pleaded that though permission was taken for a Guest House but it was converted into a hotel with no proper parking or other facilities available.
“The same will certainly affect the privacy of the residents in the area,” residents had pleaded before the court.

NUSRAT SIDIQ