The action was taken against a building owned by M/S M.A. and Sons, located at Khasra No. 868 min in Saraibala, opposite Iqbal View Hotel, near Gulzar Textiles, falling under Ward No. 30.
The demolition followed an order passed on November 10 by Chairperson of the J&K Special Tribunal, Srinagar, Rukhsana Gani, IAS, dismissing an appeal filed by the building owner, Mushtaq Ahmad Mir, against the demolition notice issued by the SMC on September 3, 2025.
In its order, the Tribunal observed that the building permission granted in 2012 was for construction of a two-storeyed residential house with an attic. However, official records and geo-tagged photographs established that a five-storeyed commercial structure had been raised without an approved building plan or permission for change of land use.
The Tribunal also rejected the appellant’s claim that an application for regularisation had been submitted in April 2021, noting that no documentary evidence was produced to establish its submission through the prescribed online procedure.
It further observed that the construction of additional floors and conversion of the building from residential to commercial use without statutory approval constituted substantial violations.
“Accordingly, the appeal is found to be devoid of merit and is hereby dismissed. The demolition notice dated 03.09.2025 is upheld. Interim order dated 09.09.2025 is vacated hereby,” the Tribunal ordered.
The Tribunal also directed the SMC Commissioner to submit an Action Taken Report (ATR) within one week of receiving the order.
Following the Tribunal’s directions, the SMC Legal Section on November 12 issued an urgent communication to the Chief Enforcement Officer, directing immediate compliance and submission of an Action Taken Report within two days for onward submission before the Tribunal.
The dispute dates back to August 2025, when the SMC issued a show-cause notice under Section 253 of the Jammu and Kashmir Municipal Corporation Act, 2000, over alleged unauthorised construction and commercial use of the premises as a cloth storage godown.
After finding the response unsatisfactory, the corporation issued a demolition notice on September 3, 2025. The building owner subsequently approached the Special Tribunal and obtained an interim stay on September 9, 2025.
With the Tribunal dismissing the appeal and vacating the interim protection, the SMC proceeded with the demolition action on Thursday. (KDC)
