Srinagar, Jul 17, KDC: The Jammu and Kashmir Special Tribunal has directed the police to take SMC Ward Officer into custody if an earlier demolition order is not implemented before the next hearing, while also directing the Commissioner, Srinagar Municipal Corporation (SMC), to appear personally before the Tribunal on July 20 to explain the continued non-compliance of its orders.
The directions were issued by Tribunal Chairperson Ms. Rukhsana Gani, while hearing an application seeking implementation of the Tribunal’s order dated March 5, 2026, in a revision petition challenging a building permission allegedly obtained through misuse and fraudulent misrepresentation. The application sought enforcement of the Tribunal’s earlier directions through the Chief Enforcement Officer and the concerned Ward Officer.
During the hearing on Friday, counsel for the appellants submitted that despite the Tribunal’s order dated March 5, 2026, it had not been implemented by the Chief Enforcement Officer, SMC, and sought its immediate enforcement. The Tribunal noted that by an order dated July 14, 2026, it had already directed the concerned Enforcement Officer to demolish the unauthorized portion of the disputed structure within two days, failing which the Commissioner, SMC, was asked to remain personally present before the Tribunal to explain the reasons for non-compliance.
The concerned Ward Officer appeared before the Tribunal and submitted that both JCB machines of the Corporation were presently non-functional and sought additional time for compliance on that ground.
Rejecting the explanation, the Tribunal termed it “wholly unsatisfactory and unbecoming of a public authority entrusted with the enforcement of municipal laws.” It observed that the persistent and deliberate non-compliance of its orders amounted to a serious disregard of the rule of law and undermined the authority of the Tribunal.
Accordingly, the Tribunal directed the SHO concerned to take the Ward Officer into custody forthwith and produce him before the Tribunal on the next date of hearing unless the demolition order dated July 14, 2026, is complied with in letter and spirit before then.
The Tribunal further directed the Commissioner, SMC, to remain personally present before it on July 20, 2026, to explain the continued non-compliance of the Tribunal’s orders and to show cause why appropriate legal proceedings should not be initiated against the defaulting officers, including the Commissioner.
The matter has been listed for further proceedings and compliance on July 20. A copy of the order has also been forwarded to the SSP Srinagar for information and necessary action. (KDC)
