Jammu & Kashmir High Court - Srinagar Bench
Pahalgam Peoples Welfare Org vs State Of J&K & Ors on 22 August, 2012
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR IA No. 2649 of 2011 & 2650 of 2011 Pahalgam Peoples Welfare Org. Petitioners State of J&K & ors. Respondents !Mr. M. A. Beigh, Advocate ^Mr. M. I. Qadri, Advocate Mr. Shah Aamir, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Muzaffar Husssain Attar, Judge Date:22/08/2012 : J U D G M E N T :
M. M. Kumar, CJ These are two applications seeking impleadment of the applicant as party respondent in the writ petition and praying for issuance of direction to the Pahalgam Development Authority to allow the applicants to lay RCC slab over the building or lay tin roof over the same. The applicants are the tenants in the building belonging to the Municipal Committee, Pahalgam. The learned Principal District Judge has reported that the building was constructed by the Municipal Committee, Pahalgam without obtaining sanction to the building and site plan from PDA. The Municipal Committee, Pahalgam was not able to produce any permission authorizing them to raise such construction. An application filed by the Municipal Committee, Pahalgam with a similar prayer, has been dismissed on the basis of the report submitted by the learned Principal District Judge. The CEO/PDA has also apprised to the learned District Judge that the construction has been raised in place of old shopping complex which was gutted in fire about four years back. The 1st floor of the shopping complex so constructed is without any roof which has affected the shops situated on the ground floor.
Mr. Vakil, learned counsel for the Municipal Committee, Pahalgam has not been able to rebut the report of the learned Principal District Judge, Anantnag that the construction has been raised without securing sanction to the site plan from the Pahalgam Development Authority. It is unfortunate that public bodies like the Municipal Committee, Pahalgam is resorting to un-authorise construction activities by passing the provisions of law. The applicant, who is merely a tenant in the building un-authroisedly constructed, cannot have any locus standi to apply for the relief particularly when the application of the Municipal Committee, Pahalgam itself has been dismissed.
Accordingly, both the applications are dismissed. A copy of this order be sent to the Commissioner-cum-Secretary, Urban Development Department, Srinagar for further necessary action. A copy of the order may also be furnished to the learned Advocate General.
(Muzaffar Hussain Attar) (M. M. Kumar)
Judge Chief Justice
Srinagar
22.08.2012
Parshant