1 S. No. 25 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.491/2025 CM No.1168/2025 IRSHAD AHMAD JAN AND ORS …Petitioner/Appellant(s) Through: Mr. Hamza Prince, Advocate. Vs. COMMISSIONER SRINAGAR MUNICIPAL CORPORATION AND ORS. ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy.AG for R 1 to 4. Mr. Arafat Rashid, Advocate for R 5 to 8. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE ORDER 17.09.2025 1. In the instant petition filed under Article 226 of the Constitution, petitioners herein have pleaded that they are the legal heirs and co-sharers of their ancestral property, measuring 8.5 marlas having devolved upon them, through their common ancestor being their mother, namely Mst. Ameera, out of 1 kanal and 16 marlas of land situated at Magarmal Bagh, Srinagar. 2. It is being stated that the aforesaid mother of the petitioners Mst. Ameera had inherited the land in question from her father namely Saifud- din-Jan, alongwith other co-sharers, being her brothers namely Mohd Amin Jan, Assadullah Jan and sister Hafeeza. 3. It is being also stated that the petitioners in respect of the said land have filed a civil suit, titled “Irshad Ahmad Jan v. BOCA”, before the Sub- Judge, Municipal Magistrate Srinagar, for grant of a decree of permanent injunction on the premise that the municipal authorities shall not accord grant any permission in favour of defendants in the suit for raising constriction over the land in question. 4. It is next stated that another suit for injunction also came to be filed by the petitioners herein against the defendants, except the respondent 7 herein in respect of the said land which suit is pending before the court of 1st 2 Munsiff, Srinagar and an order of status-quo has been passed therein the said suit by the said court. 5. It is being next stated that a revision petition as well came to be filed by the petitioners herein before the Financial Commissioner against a mutation bearing number 5545, attested in favour of the above named brothers and sister of the mother of the petitioners, as the mother of the petitioners have had been excluded in the said inheritance mutation and the said revision petition is also pending disposal. 6. It is also stated that despite the pendency of the said suits and the said revision petition, respondent 7 herein managed to obtain a building permission from the Srinagar Municipal Corporation dated 25-08-2022 for construction of a double storied residential house with attic on the land in question by misleading the Municipal Authorities and though objection prior to the issuance of said permission was raised by the petitioners herein before the Municipal Authorities, yet the said permission was granted to respondent 7 herein. 7. 7. It is also stated that after obtaining the said permission, respondent 7 herein proceeded with the construction on the land in question and even committed violations of the said building permission which resulted into issuance of a demolition notice dated 01-11-2023, against which the respondent 7 herein preferred an appeal before the Jammu and Kashmir Special Tribunal (for short “the Tribunal”) against the said demolition notice dated 01-11-2023, and the said appeal as also a revision petition filed by the petitioners herein against the building permission granted by the Municipal Authorities in favour of respondent 7 herein came by a composite order dated 03-01-2025, decided by the Tribunal and while dismissing the revision petition it allowed the appeal with a direction to the municipal authorities to compound the minor violations committed by respondent 7 herein in raising the construction. 8. The petitioners herein have challenged the aforesaid order of the Tribunal in the instant petition on multiple grounds urged in the petition. 9. Objections to the petition have been filed by respondent 7 wherein the petition is being opposed, inter alia, on the premise that respondent 7 is not a party in the suits filed by the petitioners herein before the civil courts qua the suit land and that the land in question has vested unto her from her 3 husband, namely, Mohd Iqbal Jan, whereafter she, the respondent 7 applied and obtained the permission from the Municipal Authorities validly and legally and started raising constructions thereof, however, was objected to by Municipal Authorities on the ground of violation of building permission, aggrieved whereof, an appeal was filed by her before the J&K Special Tribunal, which appeal was allowed in terms of the impugned order. 10. It is being stated that the petitioners have no right over the land in question as their right is yet, to be determined by the civil court where the petitioners have filed the civil suits. 11. It is being further stated that the petitioners could not challenge the impugned order either qua the appeal filed by respondent 7 before the Tribunal or else the dismissal of the revision petition filed against the permission on any grounds whatsoever. Heard counsel for the parties and perused the record. 12. Perusal of the record available on the file would admittedly reveal that respondent 7 herein has been granted building permission vide order No.SMC/2022/634 dated 25.08.2022 under and in terms of Sections 243 and 246 of the Jammu and Kashmir Municipal Corporation, Act, 2000 read with Master Plan of Srinagar Metropolitan Area (2015-2035) notified vide SRO 160 dated 07.03.2019 whereby respondent 7 herein has been permitted to raise the construction of a two storied residential house with attic after dismantling the existing structure as also the construction of compound walling on plot of land measuring 1218 SFT comprising survey No. 507 in estate Nursing Garh at Magarmal Bagh near Shifa Hospital, Srinagar. 13. A closer examination of the said permission would reveal that the Municipal Authorities have stipulated therein the said permission that the same is issued on the basis of the title/ownership documents authenticated by the concerned revenue authorities, however, have put a caveat that in case of misrepresentation of facts in the revenue/ judicial issues against the permittee the building permission shall stand withdrawn/cancelled/revoked automatically without giving any notice in this behalf. Since the petitioners herein claim the title over the land in respect of which the building permission has been issued in favour of respondent 7 herein and for 4 establishment of their said title as well as right thereof, claim to have filed two civil suits before the court of Municipal Magistrate and Additional Munsiff, Srinagar, which suits are stated to be pending disposal and have not yet, been finally decided, therefore, in presence of the pendency of the said suits, the petitioners herein cannot in law contend that they are the owners of the land in question in respect of which the building permission has been granted in favour of respondent 7 herein unless and until the petitioners herein would succeed in the said suits and therefore the petitioners herein cannot compel the respondent 7 herein or else the Municipal Authorities to either forebear from raising the construction in question or to rescind the permission granted in favour of respondent 7 herein. 14. 14. Having regard to the aforesaid position obtaining in the matter as also the impugned order seemingly the Tribunal has not committed any illegality, irregularity or perversity thereof. 15. For the aforesaid reasons, the instant petition fails and is, accordingly dismissed and the order passed by the Tribunal consecutively is upheld. (JAVED IQBAL WANI) JUDGE SRINAGAR 17.09.2025 Ishaq Whether order is speaking? Yes/No Whether approved for reporting? Yes/No