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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.

43.No perversity, arbitrariness, or illegality has been demonstrated to warrant interference under Article 226 of the Constitution. The contention that the Tribunal committed an error in law is rejected.

Accordingly, Issue No. 1 is answered in favour of the respondents.

44.With a view to decide issue No.2, this court deems it proper to refer to the settled position of law that the judicial review is not permissible against the order passed by the learned Tribunal on the basis of evaluating all the material facts on record and the legal position being the final adjudicator of such disputes which order passed by the learned Tribunal has been accepted by the competent authority by compounding /regularising the minor deviations. This court while exercising writ jurisdiction cannot re-evaluate / re-appreciate the evidence unless it is established beyond any reasonable doubt that the order passed by the learned Tribunal is perverse, irrational or in violation of any statutory provisions. In absence of such legal foundation, this Court will not assume the role of the appellate authority to go into the questions of fact while exercising writ jurisdiction.