SRINAGAR, Sept 25: High Court today warned the Srinagar Municipal Corporation (SMC) in case an affidavit with regard to illegal constructions raised in Srinagar’s Gogji Bagh area is not filed by the next date of hearing then appropriate orders will follow.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal recorded that in case the affidavit by the SMC is not filed then court will pass appropriate orders. The SMC has to submit an affidavit indicating therein as to what steps the SMC has taken with regard to the major violations of Master Plan compounded by the J&K Special Tribunal in 22 illegal structures.
It is noted that the court has been informed that 22 cases concerning major violations of the Master Plan, zoning regulations and major setbacks were compounded by the J&K Special Tribunal.
Court has been informed that even though the Tribunal lacked jurisdiction under the Jammu and Kashmir Control of Building Operations Act, as also the Municipal Corporation Act, to pass those orders, and compounding these major deviation in contrary to original building permissions granted to them, the Corporation remained in deep slumber and never assailed those orders.
The SMC counsel submitted that the Corporation would take immediate measures to assail the orders passed by the Tribunal in each of those 22 cases. He prayed for a short accommodation to furnish a specific affidavit in this regard.
The court directed to also indicate all those cases where the Corporation intends to take suitable action with respect to the non compoundable violations and deviations including the matters that were dismissed for non-prosecution by the Tribunal owing to nonappearance of the violators.
“Deputy Advocate General, with reference to the order dated 16.09.2025 prays for and is granted two weeks’ further time to furnish the necessary affidavit. It is made clear that in the event of default, appropriate orders shall follow”, the DB directed.
The court was hearing the Public Interest Litigation filed by the Inhabitants of Gogji Bagh Srinagar raising the issue of illegal construction in the residential area of Gogji Bagh, Srinagar.
The SMC issued permission (Order No. 3439 of 2018 dated 27/11/2018) in favour of Habibullah and Rashid Anwar for two double-storey residential houses, the owner violated the order and began constructing a three-storey building.
The owner managed to obtain an amended order (No. 299 of 2019 dated 11/10/2019), which converted the residential permission into a commercial one, allowing a guest house.
The High Court directed in 2020 that the manner in which the Presiding Officer-Abdul Majid Bhat of the Tribunal is passing orders does not inspire confidence. Many orders passed by the same Officer were challenged before the Jammu bench of this Court as well. Compounding has been allowed of major violations ignoring the provisions of Rules and Regulations. In the case in hand, even principles of natural justice have not been followed as neither the counsel for Corporation was heard nor the applicants who had filed application for being impleaded in the appeal were apprised of the date of hearing.
