Srinagar: The High Court of J&K and Ladakh on Friday directed Srinagar Municipal Corporation to seal the offending portion of a building at Hari Singh Street here and ensure its directions are “scrupulously followed in letter and spirit”.
“…in the 2nd paragraph of the order dated 15.04.2024, it shall be added that the Commissioner, Srinagar Municipal Corporation shall also ensure that the direction of the learned Single Judge as reflected in paragraph 34(iii) of the judgment and order dated 29.01.2024 which has been challenged in the …LPAs is scrupulously followed in letter and spirit,” a division bench of Justice Atul Sreedharan and Justice Mohammad Yousuf Wani said while modifying its April 15 order.
In terms of the paragraph 34(iii) of the judgment and order dated 29.01.2024, the Single Bench of the court had directed that the offending portion of the building shall be sealed by the Corporation till such time a decision is taken by the Commissioner SMC with regard to the question of compounding of deviations.
The court had disposed of the petitions by giving liberty to the petitioners— Aijaz Ahmad Baba, Manzoor Ahmad Baba and Nisar Ahmad Baba, all sons of Ali Mohd Baba— to approach the Commissioner Srinagar Municipal Corporation with a petition for compounding of the deviations. “If and when such a petition is made by the private respondents before the Commissioner, the same shall be considered by the said authority in the light of the building permission granted in favour of the private respondents, the relevant building byelaws, the zonal plan and all other relevant statutes and guidelines on the subject,” the court had said.
In terms of the order dated April 15 this year, the Court’s Division ordered “…..we are also adding that besides a petition for compounding of deviations, the same may also include a prayer for regularization if so permitted under the Rules.”
“The Commissioner is also requested that if such an application is made, it is requested not to take any coercive proceedings till it decides that application,” the court said, adding, “However, the respondents are also requested to ensure that they abide by Section 256 of the Jammu and Kashmir of Municipal Corporation Act, 2000 in letter and spirit till the disposal of the applications, if they are made.”

KR Desk