Abdul Gani Mir vs Commissioner, Srinagar Municipal Corp& Ors

Tashi Rabstan, J

Notice in the main as well as in CM.

Mr. Momin Khan, learned Standing counsel appearing for the SMC accepts notice on behalf of the respondents.

Heard learned counsel for the parties.

On the concensus of learned counsel for the parties, the petition is taken up for final disposal.

This writ petition is filed against the order passed by the J&K Special Tribunal dated 16.09.2021 whereby the Tribunal has issued notice for filing response as well as the relevant record pertaining to the constructions on the basis of which impugned demolition notice has been issued.

6 Learned counsel for the respondents submits that the petitioner has prima facie a good case for granting interim relief, however, the Tribunal instead of granting interim order, granted time to other side to file objections.

It is submitted that during pendency of the appeal before the Tribunal, the respondents issued communication dated 28.-09.2021 directing the Enforcement Officer, Srinagar Municipal Corporation to proceed further for demolition on scheduled date and produce the action taken report. Learned counsel submits that the action of the Tribunal by issuing the communication dated 28.09.2021 is against the mandate of the provision and the Tribunal cannot issue the said order during the pendency of the appeal. Thus, the petitioner had no option but to approach this Court for filing this writ petition.

This writ petition is disposed of with the direction to maintain status quo as on today with respect to the building in question. It is made clear that this order is only till 12.10.2021 before the Tribunal. The Tribunal is at liberty to modify or extend or pass any appropriate order on that day after hearing the parties.

Learned counsel for the petitioner undertakes that no further construction will be raised by the petitioner.