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2025 DAILYLAW 15162 (JK)

ABDUL REHMAN LONE v. JK SPECIAL TRIBUNAL SRINAGAR TH.ITS CHAIRMAN AND ORS

CM(M)/441/2025 · 2025-10-13

Rahul Bharti

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 441/2025 CM(6692/2025). ABDUL REHMAN LONE. …Petitioner(s) Through: Ms. Arshie Zuhr, Advocate. VERSUS JK SPECIAL TRIBUNAL SRINAGAR TH.ITS CHAIRMAN AND ORS. Through: Mr. Bikramdeep Singh, Dy AG. Mr. Mohammad Younis, Assisting Counsel. …Respondent(s) CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 13.10.2025 01. The petitioner came to be confronted with a course of action at the end of the Srinagar Municipal Corporation through demolition notice No. SMC/Enf / S/2444-52 dated 25.09.2025 thereby directing the demolition of the first floor construction raised by the petitioner at the site of his existing shops allegedly made without obtaining the requisite building permission under the Municipal Corporation Act, 2000. 02. Against the said demolition order, the petitioner had resorted to the appellate remedy before the Jammu and 07 Regular Kashmir Special Tribunal by filing an appeal bearing File No. JKSTS/7819/2025 which came to suffer denial of interim direction or staying the operation of the impugned demolition notice by the Jammu and Kashmir Special Tribunal, in terms of Order dated 06.10.2025 rejecting the application for grant of interim relief while retaining the appeal for adjudication. 03. It is against the aforesaid denial of interim relief that the petitioner has rushed to this Court with the present petition under Article 227 of the Constitution of India. 04. The present petition is disposed of at this stage by directing the Srinagar Municipal Corporation to bring under sealing the offending portion of the construction forming subject matter of the impugned demolition order subject to the final outcome of the appeal before the Jammu and Kashmir Special Tribunal so as to prevent the construction from being demolished or dismantled while the petitioner exhausts the remedy of appeal before the Jammu and Kashmir Special Tribunal. 05. A copy of this order be forwarded to Jammu and Kashmir Special Tribunal for being taken on record. (Rahul Bharti) Judge SRINAGAR 13.10.2025 Bisma Jan.