GHULAM NABI AHANGAR v. UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT)
WP(C)/2310/2025 · 2025-09-19
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 11698 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 11698 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 74 Supp. List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 2310/2025 CM(6103/2025) GHULAM NABI AHANGAR …Petitioner(s)/appellant(s) Through: Mr. Javid Hamid, Advocate Vs.
UT OF JK AND ORS ...Respondent(s) Through:
CORAM:
HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE O R D E R 19.09.2025
1. Heard.
2. The grievance of the petitioner as projected through the instant petition filed under provisions of Article 226 of the Constitution of India is that he raised construction after obtaining permission from the respondent-Corporation, but during the construction process some deviations came into being on the advice of the architect/engineers. That the respondents-Corporation issued show cause notice followed by demolition notice against him, asking for dismantling of the violation. That he assailed the demolition notice before the learned Jammu & Kashmir Special Tribunal, Srinagar, which disposed of his appeal by directing the respondents-Corporation to take a final decision on his application, which he had filed post filing of the appeal, seeking regularization of the violations, in a time bound manner, preferably within a period of 60 days, failing which the violation sought to be regularized shall be deemed to have been so regularized. That the learned Special Tribunal also directed that, pending final decision on his application seeking regularization of deviations, the impugned demolition notice shall not be acted upon. That, however, the respondent-Corporation is bent upon enforcing the demolition notice in violation of the order of the Ld. Special Tribunal.
3. It is submitted by the learned counsel for the petitioner that, in the
facts and circumstances of the case, the matter can be disposed of even at this threshold stage by passing of appropriate directions in consonance with law, which are not likely prejudice the legal interests of the other side.
4. In the facts and circumstances of this case, this Court is of the opinion that as rightly submitted by the learned counsel for the petitioner, the matter can be disposed of at this threshold stage by passing of appropriate directions which are not likely to prejudice the legal interests of the other side.
5. Accordingly, the instant writ petition is disposed of with the direction to respondents 2 to 4 that they shall not act upon the demolition notice dated 30.05.2024, or otherwise interfere with the subject construction, without considering, and subject to outcome of, the application/representation already filed by the present petitioner seeking regularization of the deviations, within the time as directed by the Jammu and Kashmir Special Tribunal.
6. Disposed of.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR 19.09.2025 ARIF