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16.It is further contended that the allegations levelled in the demolition notice have been redressed and this was the precise reason that the learned Tribunal accordingly by way of the order impugned dated 29.05.2024 has remanded the case to respondent- Srinagar Municipal Corporation under Rule 20 of the JK Special Tribunal Rules, 1986 with a direction to allow the said respondent to construct the building strictly only on his proprietary land in conformity with the building permission issued and subsequently directions have been issued to compound/regularize the deviations as per 2025:JKLHC-SGR:212 the appendix D of the Unified Building Byelaws, 2021, which deals with the compounding of the compoundable items within the framework of JK Unified Building Byelaws and Srinagar Master Plan 2035 and in the aforesaid backdrop, the matter was disposed of by holding that the deviation was minor in nature.

19.Mr. Ganai has also drawn the attention of the Court to the compliance report filed by the official respondents, in pursuant to the order passed by 2025:JKLHC-SGR:212 this Court on the very first day of hearing i.e on 12.07.2024, whereby the respondent-Commissioner Srinagar Municipal Corporation was directed to file status report with respect to the outcome of the application filed by respondent No 7, seeking revised building permission for 118 sft of the deviation portion as reflected in the Order/Judgment dated 19.12.2023 passed by this Court in WP(C) 1411/2022. The concerned Commissioner was also directed by virtue of the order dated 12.07.2024 to apprise this Court with regard to the steps taken in furtherance of the directions passed by this Court mentioned supra, pursuant to the application, if any, preferred by the respondents 5 and 7, seeking revised building permission for 118 sft of the deviation portion and the Commissioner was also directed to place on record the outcome of the representation alleged to have been filed by the petitioner on 3rd June, 2024.

41.The Tribunal's order, though brief, discloses a lawful and reasoned basis for concluding that the deviation was minor, legally regularized, and did not warrant demolition.

42.This Court finds no merit in the contention raised by Mr. Jan, that the learned Special Tribunal failed to comply with the remand directions. The Tribunal has acted in accordance with law and has rightly adjudicated the matter afresh, considered the extent and nature of the deviation, by regularising / compounding the same and referred the matter to Srinagar Municipal Corporation to allow the appellant to construct the building 2025:JKLHC-SGR:212 strictly on his proprietary land as per building permission issued and subsequently compounded the deviation.

46.The issue whether this court while exercising the power as a writ court can go into the questions of fact is no more res integra and can't assume the role of an appellate authority by re-appreciating the evidence to ponder as to what sort of violation has been committed in raising of construction, whether it was minor or major in nature, whether it was pre-sanctioned plan or revised plan. All these things can well be considered and appreciated by the Tribunal which can go into questions of fact after thorough enquiry. In the instant case, the Tribunal, after a thorough enquiry, has drawn the conclusions on a question of fact and recorded the finding about the nature of violation and regularized it under law by compounding the same. The Learned Tribunal finds the 118 sqft i.e the 7% of the total permitted area as a minor deviation and the gap of 9 ft. between two plots or structures as safe enough. Therefore, the Learned Tribunal under Rule 20 of JK Special Tribunal Rules 1986 has rightly remanded the case to the respondent SMC with the directions to allow the appellant to construct the building strictly only on his proprietary land as per the Building Permission issued and subsequently compound/regularize the deviations as per the appendix D of the Unified Building Byelaws 2021 under para (B B) that deals with the compounding of the compoundable 2025:JKLHC-SGR:212 items with the framework of JK Unified Building Byelaws and Srinagar Master Plan 2035.