'Becoming A Menace': J&K&L High Court Restrains Alleged Illegal Use Of Srinagar Building As Hotel; Directs ACB To Collect NOC Records

The Jammu & Kashmir and Ladakh High Court has observed that unchecked building violations are becoming a menace, leaving law-abiding residents as helpless spectators while municipal authorities, “by design or default”, turn a blind eye until illegal constructions attain completion, forcing aggrieved neighbours into repeated litigation. Taking serious note of allegations that a residential building in Srinagar was being converted into a hotel despite pending disputes over its legality, the Court restrained its commercial use and directed the Anti-Corruption Bureau (ACB) to collect records relating to the No Objection Certificates (NOCs) issued by various departments. Observing that the case reflected a recurring pattern of civic authorities failing to effectively address alleged building violations, Justice Rahul Bharti directed the Commissioner, Srinagar Municipal Corporation (SMC) to ensure that the building in question is not put to commercial use as a hotel or guest house until the next date of hearing, warning that any violation of the direction would amount to breach of the Court's order. The petition was filed by one Syed Bilal Ahmad Qadri, a resident of Srinagar, alleging that a building situated directly opposite his residence was being converted from a residential structure into a commercial hotel under the name “Hotel Shady Oaks”, despite having originally obtained building permission for residential construction. According to the petitioner, the owner of the building had displayed a hotel signboard and initiated steps for registration of the property as a guest house within a month of obtaining building permission, allegedly with the assistance of various departmental NOCs. He contended that despite repeated complaints, the Srinagar Municipal Corporation had failed to take effective action against the alleged violations. The petitioner through Counsel Ms Annan Qadri pointed out that this was his third writ petition concerning the same construction. Earlier petitions had culminated in an order whereby the High Court directed the Commissioner, SMC, to examine his grievance after hearing both sides. The petitioner alleged that despite a representation and a subsequent legal notice, the authorities failed to decide the issue while the building was allegedly commissioned for commercial use. Court's Observations At the threshold, Justice Bharti expressed concern over what the Court described as an increasing trend of unchecked building violations and the apparent inaction of civic authorities. The Court observed, “The matter of building violations is becoming a menace which leaves any genuinely placed resident citizen acting, within the bounds of law, a mere spectator to the least botheration of the Municipality/Municipal Corporation/other Civic Authorities, who are often found to be turning a blind eye, by design or default, so as to let the building violation attain its complexion and completion, thereby leaving an aggrieved resident or neighbour to resort to frustration and litigation simultaneously, and this case is perhaps reflective of that scenario.” Finding that the petitioner had made out a prima facie case, the Court issued notice in the writ petition while directing service upon the owner of the building. Pending consideration of the matter, the Court directed the Commissioner, Srinagar Municipal Corporation to ensure that the building was not used for any hotel or guest house purposes. The Court directed, ”…the Commissioner, Srinagar Municipal Corporation (SMC), Srinagar to ensure that the building in reference… is not put to any commercial use by reference to a hotel or guest house whatsoever till the next date of hearing.” Issuing a stern warning to the civic body, the Court further observed that if the building were permitted to be commercially operated in violation of its directions, the Commissioner would be treated as having violated the Court's order. It directed, “Any violation of this direction… shall result in respondent No. 2—Commissioner, Srinagar Municipal Corporation (SMC)—being held to be in breach of the court order, and a report of compliance… be submitted… on next date of hearing.” ACB Directed To Collect NOC Records Considering the petitioner's allegations regarding the issuance of multiple departmental clearances, the Court also directed the Director, Anti-Corruption Bureau (ACB) to gather and produce the original records relating to various NOCs issued by the Tourism Department, Fire and Emergency Services, Power Development Department and Jal Shakti Department concerning the commercial use of the building. The Court further directed the Registrar Judicial to requisition the record of the appeal pending before the J&K Special Tribunal relating to the same building. Accordingly, while issuing notice in the petition, the Court restrained the commercial use of the building as a hotel or guest house, directed the Commissioner, SMC, to file a compliance...

'Becoming A Menace': J&K&L High Court Restrains Alleged Illegal Use Of Srinagar Building As Hotel; Directs ACB To Collect NOC Records

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'Becoming A Menace': J&K&L High Court Restrains Alleged Illegal Use Of Srinagar Building As Hotel; Directs ACB To Collect NOC Records

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